Lillie M. Tripp - Page 10




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        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.                                                               






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