- 12 - In this case the absence of documentation reflects not only the flexibility and informality that the circumstances permitted, but also a deliberate policy. Mohney testified that he has been indicted on obscenity charges over a hundred times. Having learned from experience that documentary evidence of his relationship to the adult entertainment businesses he controlled posed a risk of incrimination, he kept such documents to a minimum. Contemporaneous documentation of a business relationship is not altogether lacking. On his individual income tax returns for the years 1985-91 Mohney described his principal business as consulting and reported the payments from petitioner and the other corporations he managed as gross receipts from this business. In addition, we have the uncontradicted testimony of Hagerman and Krontz that they understood a consulting agreement to exist, and the testimony of Mohney that he always expected compensation for his work. To be sure, such testimony serves their interest, but we cannot reject it for that reason alone. Lewis & Taylor, Inc. v. Commissioner, 447 F.2d 1074, 1077 (9th Cir. 1971), revg. T.C. Memo. 1969-82; Loesch & Green Constr. Co. v. Commissioner, 211 F.2d 210, 212 (6th Cir. 1954), revg. a Memorandum Opinion of this Court. The evidence strongly suggests that Mohney did expect to receive payment in some form from petitioner. In addition to the payment in 1991, Mohney received a payment from petitioner inPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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