- 23 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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