Sue Taylor - Page 24

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         has independent tax significance as it allocated $1,190 of                   
         taxable income to the other reported 50-percent member, Gerald               
         Ricke, who presumably paid tax on this amount.  This is a                    
         substantial indicium that he was in fact a 50-percent member in              
         1999.  Because respondent stipulated Miroyal’s 1999 Form 1065,               
         through his own Rule 91(f) motion, and also introduced it as                 
         evidence at trial, the Court finds, based on a preponderance of              
         the evidence, that petitioner’s distributive share of Miroyal’s              
         income for 1999 was 50 percent of $32,116 (i.e., $16,058 of which            
         $1,190 was reported, leaving an adjustment of $14,868).13                    
              For 2000, respondent allowed Miroyal a deduction for taxes              
         and licenses of $2,231 as substantiated by the revenue agent via             
         Miroyal’s canceled checks.  On the basis of an examination and               
         analysis of Miroyal’s bank deposits, the revenue agent determined            
         that Miroyal had unreported income for 2000 of $57,639.51.                   
         Petitioner introduced no evidence to challenge or refute                     
         respondent’s determination and therefore failed to carry her                 
         burden of proof.  Because Miroyal’s filed 2000 Federal tax return            


               13 Miroyal’s Form 1065, Schedule K-1 for 1999 did not                  
          contain an address or Social Security number. for Gerald Ricke;             
          however, the Form 1065, Schedule K-1 for 2000 contained a Social            
          Security number but no address for Gerald Ricke.  Utilizing the             
          supplied taxpayer identification number, respondent’s revenue               
          agent could have checked Gerald Ricke’s 1999 Federal tax return             
          to see whether it was filed and whether it properly reported the            
          $1,190 of allocated income.  If not, evidence to that effect                
          would have supported the revenue agent’s conclusion, but                    
          respondent never claimed this to be the fact.                               





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