George and Myrsini Stotis - Page 8

                                        - 8 -                                         
               Petitioner and Signorile met again on April 29, 1992, and              
          petitioner brought a copy of the sublease agreement to the                  
          meeting.  Petitioner did not bring a copy of the surrender                  
          agreement to the meeting.  Petitioner again stated that, in                 
          exchange for vacating rooms 103 and 141, he received the new                
          apartment rent free for 3 years and nothing else.  At Signorile's           
          request, petitioner signed a written statement to that effect.              
          Signorile drafted the written statement, and Spyropoulos read the           
          statement to petitioner before petitioner signed it.                        
                                       OPINION                                        
               The dispute in this case is whether petitioner is liable for           
          tax on the amounts paid by and/or value received from Seawall               
          pursuant to the surrender agreement and sublease agreement.                 
          Seawall paid $297,500 to petitioner's family members, $2,500 to             
          petitioner, and $22,500 to Spyropoulos for legal fees and                   
          expenses.  Seawall also provided petitioner with the new                    
          apartment rent free for 3 years.  We address each in turn.                  
               Petitioner seems to argue that he should not be taxed on the           
          $297,500 disbursed to his family because he never received those            
          moneys.  Respondent argues that the $297,500 is taxable to                  
          petitioner.  We agree with respondent.                                      
               Gross income includes gains derived from dealings in                   
          property.  Sec. 61(a)(3).  Income is taxed to the person that               
          "earned" the item of income.  Commissioner v. Culbertson, 337               
          U.S. 733, 739-740 (1949); Helvering v. Horst, 311 U.S. 112, 115-            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011