Rose M. Munoz - Page 7

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          covered the documents so that the only thing that she saw was a             
          little check mark and the line for her to sign.                             
               Petitioner essentially argues that while the signatures on             
          the contract and the fax are hers, as a result of Rego’s actions,           
          she had no knowledge of the content in either document.                     
          Generally, a taxpayer cannot avoid the duty of filing accurate              
          returns by placing responsibility on an agent.  Pritchett v.                
          Commissioner, 63 T.C. 149, 174 (1974).  Moreover, the Court is              
          not required to accept petitioner’s self-serving testimony.                 
          Geiger v. Commissioner, 440 F.2d 688 (9th Cir. 1971), affg. per             
          curiam T.C. Memo. 1969-159; see Transp. Labor Contract/Leasing,             
          Inc. v. Commissioner, 123 T.C. 154, 187 (2004).  To the extent              
          that respondent has the burden of producing information with                
          respect to the Form 1099-MISC pursuant to section 6201(d),                  
          respondent has satisfied that burden.                                       
               Other evidence weighs in favor of a finding that petitioner            
          was an independent contractor for ACC in 2003.  In 2003,                    
          petitioner lived with her teenage daughter and 85-year-old                  
          mother.  Petitioner testified that, in 2003, their income derived           
          primarily from:  (1) Her independent contractor job at STC, with            
          an annual income of $4,963.51, and (2) her mother’s Social                  
          Security income, with an annual income of approximately $3,600.             
          On its face, a monthly income of approximately $700 appears                 
          insufficient to provide for a family of three in Miami.                     





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