- 9 - dealings.5 Mr. Tripp testified that the cosmetologist collaborated with the Tripp partnership as an independent contractor and that during a period in which Mr. Tripp was hospitalized, the cosmetologist helped ensure the continued operation of the Tripp partnership beauty salon. Mr. Tripp stated that the Tripp partnership, as opposed to Mr. Tripp personally, transferred cash and used equipment to her. Nothing in the record indicates that the transfer was other than by the Tripp partnership and was other than at arm’s length. While it is true, as respondent points out, that the record does not contain any documentary substantiation as to the amount of cash or the precise value of the transferred equipment, we are satisfied from Mr. Tripp’s testimony that the value of the items transferred was $24,052 as claimed by the Tripp partnership. We found Mr. Tripp’s testimony credible, and his testimony was uncontroverted by any evidence submitted by respondent.6 Because we hold that petitioner was entitled to the claimed deductions for losses from her interest in the Tripp partnership and that the Tripp partnership was entitled to a $24,052 salary 5Mr. Tripp had contemplated the sale of a beauty salon (other than the one operated by the Tripp partnership) to the same cosmetologist in 1999 in an arm’s-length transaction. That sale was not consummated. 6Moreover, we are mindful that respondent raised the same issue in Mr. Tripp’s case and subsequently conceded it. See supra note 2.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007