Sue Taylor - Page 23

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         claimed deductions.12  She did not offer any testimony, receipts,            
         or canceled checks regarding any of Miroyal’s claimed deductions.            
         The list she prepared will not suffice as substantiation;                    
         therefore, respondent’s disallowance of the claimed deductions in            
         1999 is sustained.                                                           
              Respondent attributed 95 percent of Miroyal’s 1999 income to            
         petitioner as her distributive share.  However, Miroyal’s Form               
         1065, Schedule K-1 for 1999, which respondent introduced into                
         evidence, showed that petitioner was only a 50-percent member of             
         Miroyal during that year.  Respondent’s revenue agent apparently             
         did not distinguish between 1999 and 2000 when testifying that               
         petitioner held a 95-percent interest in Miroyal.  Miroyal’s Form            
         1065, Schedule K-1 for 2000 reflected this ownership split, and              
         neither the revenue agent nor respondent presented any other                 
         basis for or facts explaining the revenue agent’s conclusion that            
         the reported 50-percent membership percentage evidenced by                   
         petitioner’s Form 1065, Schedule K-1 for 1999 was inaccurate.                
         Thus, respondent’s conflicting evidence presents the Court with a            
         conundrum.                                                                   
              The filed 1999 Form 1065, Schedule K-1, which was prepared              
         before petitioner commenced her overt tax protester activities,              


               12 Miroyal did not designate a tax matters partner for 1999.           
          In any event, a tax matters partner is necessary only for                   
          partnerships subject to secs. 6221 through 6233.  As previously             
          discussed, Miroyal is not subject to secs. 6221 through 6233.               





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