Charles L. Fields and Barbara S. Fields - Page 22

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          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.           








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