Thomas L. Hobart - Page 9

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            We reject this argument, because he controlled all of the                                      
            misappropriated funds.                                                                         
                  Petitioner asserts that a number of individuals, including                               
            Sullivan, Nelson, and Southern employees, received the funds in                                
            question.  Sullivan denied receiving any of the proceeds from the                              
            Southern checks.  Although from the record none of the witnesses                               
            seems completely innocent, the preponderance of the evidence is                                
            that Sullivan was a victim of petitioner's misappropriation.                                   
            Petitioner was convicted not only of misappropriating funds from                               
            Sullivan's company, Zebrowski, but also of forging the                                         
            endorsement on a check payable to Sullivan.  Sullivan, on behalf                               
            of Zebrowski, filed a civil suit seeking restitution from                                      
            petitioner.  Petitioner produced no evidence in support of his                                 
            contention that other Southern employees received some of the                                  
            funds in question.                                                                             
                  Petitioner argues that the checks payable to Nelson should                               
            not be included in his income.  "The power to dispose of income                                
            is the equivalent of ownership of it.  The exercise of that power                              
            to procure the payment of income to another is the enjoyment, and                              
            hence the realization, of the income by him who exercises it."                                 
            Helvering v. Horst, 311 U.S. 112, 118 (1940).  A taxpayer is not                               
            relieved of the obligation to pay taxes on income merely by a                                  
            transfer of that income to another.  United States v. Basye, 410                               
            U.S. 441, 449-451 (1973).  Petitioner was the "force and fulcrum"                              
            behind the thefts that made the benefits to Nelson, as well as                                 




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