- 17 - him. Liddy v. Commissioner, 808 F.2d 312, 314 (4th Cir. 1986), affg. T.C. Memo. 1985-107. The money that a taxpayer, acting as a conduit, must transmit to someone else is not income. Diamond v. Commissioner, 56 T.C. 530, 541 (1971), affd. 492 F.2d 286 (7th Cir. 1974). If petitioner had been holding the proceeds under Caplan's direction for the benefit of the dealership, then such funds would not be income to petitioner. However, petitioner has not presented any evidence as to the disposition of any of these car funds in his bank account. Petitioner's testimony that he informed Caplan of the missing $40,000 and of Weisberger's checks indicates that Caplan was unaware of these items and that petitioner had great control over this scheme. Without any evidence to support petitioner's position that he was holding the proceeds as Caplan's agent or as the dealership's agent, we must find that the proceeds from the illegal car sales were income to petitioner. As petitioner has not shown respondent's figures to be incorrect, we hold that the net proceeds are taxable income to petitioner. Stables' Income Respondent has calculated the Stables' income for the taxable year 1967 and attributed it to petitioner as a dividend. Petitioner contends that respondent has not allowed for all of the Stables' expenses, that he was not an owner of the Stables byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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