- 9 - 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 asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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