Thomas J. Sweeney - Page 4

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          physicians’ practices”.  Petitioner and his spouse each owned 50            
          percent of the corporation.                                                 
               The activity of the corporation was simply collection of               
          fees charged by doctors to their patients for medical services.             
          Petitioner’s spouse performed all the activities of the                     
          corporation by visiting doctors’ offices weekly, picking up their           
          billing invoices, collecting payment of these invoices from                 
          primary and secondary insurers, and collecting directly from each           
          patient the portions not covered by insurance.  Petitioner was              
          not involved in this activity.  Petitioner was employed as an               
          insurance instructor for an unrelated employer.                             
               There is no evidence in the record as to the corporation’s             
          business activity for the years 2000 and 2001.  However, for the            
          year 2002 (the year at issue in this case), a Form 1120S, U.S.              
          Income Tax Return for an S Corporation, was filed.  On that                 
          return, the corporation’s taxable income was $18,627.  The return           
          reflected issuance to the shareholders of the corporation                   
          Schedules K-1, Shareholder’s Share of Income, Credits,                      
          Deductions, etc.  Although a copy of the Schedule K-1 issued to             
          petitioner was not offered into evidence at trial, respondent’s             
          official records were offered into evidence, which reflected a              
          Schedule K-1 for petitioner in the amount of $9,314, which is               
          one-half of the corporation’s net income of $18,627, rounded.  On           







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