- 22 - With these basic principles in mind, we turn to the issues for decision. Issue 1. Commission Income Respondent determined that most of the commissions paid by ABL to CAI were taxable to petitioners. Respondent primarily argues that the commissions are taxable to petitioners under the assignment of income doctrine. Petitioners argue that the doctrine prohibiting an assignment of income does not apply to the facts at hand because petitioner organized CAI upon the mandate of Ashland. Petitioners argue that the doctrine is inapplicable because petitioner was not a shareholder of CAI. Petitioners argue that Finley Kumble organized CAI on its own initiative, and that petitioner was ignorant as to CAI's organization and operation. Petitioners argue that petitioner insisted to Finley Kumble that all of the commissions from petitioner's services be reported by BarSon, that he informed Finley Kumble that he wanted nothing to do with an "offshore corporation", and that he fired Finley Kumble (with the exception of having the firm work on unrelated legal work for BarSon to the extent of the advanced retainer), when Finley Kumble recommended to him that he and Dr. Young evade taxes by keeping BarSon's income offshore. Petitioner argues that Finley Kumble established and controlled CAI for Finley Kumble's personal gain.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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