- 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
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