Eyefull Incorporated - Page 14

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          able to realize this gain without selling all or part of his                
          interest in the trust.  If the trustee had arranged for                     
          petitioner to distribute dividends so that the funds could then             
          be distributed by the trust to Mohney, he would likely have been            
          acting in violation of his legal obligations.  As a practical               
          matter, Mohney could not have compelled Newlands to distribute              
          trust income to him, for Mohney had no power to discharge                   
          Newlands.  If Newlands retired, he would select his own                     
          successor.  In the absence of any basis for doubting the                    
          independence and integrity of the trustee, we are unwilling to              
          assume that Mohney expected him to act in derogation of his                 
          duties.  The implications of respondent’s argument seem therefore           
          to be at variance from the facts.  The payments that Mohney                 
          claims to have expected to receive as compensation for his                  
          services and which he ultimately received in 1988 and 1991                  
          differed materially from the returns he received on his                     
          investment through the trust.                                               
               Respondent points out that petitioner paid Deja Vu for                 
          consulting work during the years at issue, and that Mohney was              
          employed by Deja Vu.  Therefore, if Mohney did sell his services            
          to petitioner, those services were likely to have been fully                
          compensated through Deja Vu’s regular billings.                             
               According to the uncontradicted testimony of Krontz, who               
          served as both petitioner’s manager and the president of Deja Vu,           
          the consulting work that Deja Vu performed for petitioner did not           




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