Thomas Edwards - Page 9




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               Petitioner claims he paid each worker, in cash, more than              
          the $600 reporting threshold of section 6041(a).  However, he               
          failed to prepare or submit the required information returns to             
          the Internal Revenue Service.  See sec. 1.6041-1(a)(1) and (2),             
          Income Tax Regs.  Petitioner asserted that Mr. McKinney                     
          maintained records of how much each person worked so each could             
          be paid, but petitioner did not produce any records to support              
          payments to his crew and did not call Mr. McKinney to testify at            
          trial.                                                                      
               We are not required to, and do not, accept petitioner’s                
          self-serving testimony without corroborating evidence.  See                 
          Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971),              
          affg. per curiam T.C. Memo. 1969-159; Lerch v. Commissioner, T.C.           
          Memo. 1987-295, affd. 877 F.2d 624 (7th Cir. 1989).                         
               Mr. Burrell claimed that he earned $4,500 for working full             
          time for petitioner in 2001.  The Court does not find this                  
          testimony credible.  Accordingly, Mr. Burrell’s testimony does              
          not corroborate petitioner’s testimony.                                     
               To the extent such payments of compensation were made,                 
          petitioner did not produce adequate records.  Mr. Burrell’s                 
          failure to report the $4,500 he claims he was paid casts doubt on           
          whether any amounts were actually paid.  Petitioner’s failure to            
          file information returns casts further doubt as to the                      
          compensation payments.  See Haeder v. Commissioner, T.C. Memo.              







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