- 3 - to this amended return 2003 Forms 1099-MISC, Miscellaneous Income, from National Quality Assurance USA, Inc. and Labtest International, Inc.; on each, petitioner had crossed out the amounts listed in the box labeled “nonemployee compensation” and written in “0”. He included at the bottom of each of the Forms 1099-MISC the following statement: This corrected Form 1099-MISC is submitted to rebut a document known to have been submitted by the party identified above as “PAYER” which erroneously alleges a payment to the party identified above as the “RECIPIENT” OF “gains, profit or income” made in the course of a “trade or business”. Under penalties of perjury, I declare that I have examined this statement and to the best of my knowledge and belief, it is true, correct, and complete. Respondent issued to petitioner the notice of deficiency on September 26, 2005, and petitioner timely filed a petition in this Court. In the petition, petitioner stated the following: I have submitted an amended tax return (1040X) to the IRS addressing errors in my previous tax return (1040EZ). I have also submitted an affidavit explaining how two “1099-MISC” forms (identified in the “Notice CP2000”) are incorrect. One was from “National Quality Assurance USA Inc” and the other from “Labtest International Inc.” Both “1099-MISC” forms erroneously allege a payment to the party identified as he [sic] “RECIPIENT” of “gains, profit or income” made in the course of a “trade or business”. I rebutted both of these documents in attachments to my amended 2003 tax return, dated September 9, 2005. My amended tax return did not indicate any greater tax liability than my original tax return. In the referenced affidavit, which was dated November 26, 2005, petitioner stated that the Forms 1099-MISC from National Quality Assurance USA Inc. and Labtest International Inc. “erroneouslyPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011