Brunsman v. Comm'r

2003 T.C. Memo. 291, 86 T.C.M. 465, 2003 Tax Ct. Memo LEXIS 293
United States Tax Court·Decided October 16, 2003·No. No. 7662-02 ·Unpublished·Cited by 1 cases

Opinion

RICHARD A. BRUNSMAN, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
Brunsman v. Comm'r
No. 7662-02
United States Tax Court
T.C. Memo 2003-291; 2003 Tax Ct. Memo LEXIS 293; 86 T.C.M. (CCH) 465;
October 16, 2003, Filed

*293 Respondent's determination was sustained.

Richard A. Brunsman, pro se.
Lorianne D. Masano, for respondent.
Powell, Carleton D.

POWELL

MEMORANDUM OPINION

POWELL, Special Trial Judge: Respondent determined a deficiency of $ 7,416 and an accuracy-related penalty under section 6662(a)1 of $ 1,810 in petitioner's 1999 Federal income tax. After concessions, 2 the issues are whether petitioner is liable for the tax on $ 4,403 of unreported income and the accuracy- related penalty under section 6662(a). Petitioner resided in Orlando, Florida, at the time the petition was filed.

*294              Background

Petitioner was employed with Sparks-Piper Exhibits & Environments, Inc. (Sparks-Piper) until September of 1999 when he started employment with Czarnowski Display Services, Inc. (Czarnowski). Petitioner remained an employee of Czarnowski for the remainder of the 1999 taxable year. Petitioner purchased various business items for Czarnowski, and was reimbursed for those amounts. During 1999, Czarnowski issued 14 payments to petitioner: 10 payments of $ 1,500 each and the remaining four payments were in the amounts of $ 4,600, $ 2,500, $ 2,838.18, and $ 1,875.95.

Sparks-Piper reported petitioner's wages of $ 51,217 on Form W-2, Wage and Tax Statement. Czarnowski reported nonemployee compensation paid to petitioner of $ 26,814 on Form 1099-MISC, Miscellaneous Income. Czarnowski submitted the Form 1099-MISC to respondent; petitioner, however, alleges that he did not receive the Form 1099-MISC. Petitioner, in preparing his 1999 Federal income tax return, reported the $ 51,217 of wages from Sparks-Piper, but he failed to report the $ 26,814 of compensation received from Czarnowski.

             Discussion

*295 Unreported Income

Petitioner asserts that he is not liable for the tax on the compensation received from Czarnowski because he did not receive the Form 1099-MISC. Section 61(a)(1) provides that "gross income means all income from whatever source derived, including * * * Compensation for services". Petitioner's compensation from Czarnowski falls within this category, regardless whether petitioner received the Form 1099-MISC.

Alternatively, petitioner argues that $ 4,403 of the compensation represents the sale of assets to Czarnowski. The amount received less the adjusted bases in the assets would still be income to petitioner. See secs. 61(a)(3), 1001, 1011. Petitioner has the burden to establish that he sold assets to Czarnowski and to establish his bases in the assets sold. See Rule 142(a)(1); Welch v. Helvering, 290 U.S. 111, 115, 78 L. Ed. 212, 54 S. Ct. 8 (1933).3 While we are willing to assume that petitioner sold some assets to Czarnowski, petitioner failed to provide any information concerning the identity of the assets, the bases of the assets, or when they were purchased. Without this information, we can only find that the entire amount received constituted taxable income to him. Respondent*296 is sustained on this issue.

Accuracy-Related Penalty

Section 6662 imposes an accuracy-related penalty "equal to 20 percent of the portion of the underpayment" of tax attributable to "Any substantial understatement of income tax." Sec. 6662(a) and (b)(2). A substantial understatement of income tax exists if the amount of the understatement for the taxable year exceeds the greater of 10 percent of the tax required to be shown on the return for the taxable year, or $ 5,000. Sec. 6662(d)(1)(A). 4

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Brunsman v. Comm'r, 2003 T.C. Memo. 291, 86 T.C.M. 465, 2003 Tax Ct. Memo LEXIS 293 (tax 2003).

2003 T.C. Memo. 291 (Brunsman v. Comm'r) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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