- 5 - products from Besco. In response to this request, Tubre informed petitioner that it was necessary that he discuss the matter with Kahn and George Steiner (Steiner).3 Besco eventually sought the advice of its accountant, Edmund Lee (Lee). Tubre claims that Lee informed him that such an arrangement was acceptable but that it was imperative to make it appear that the payments were not based upon Besco’s sales to ASI. Tubre further claims that Lee instructed him to pay petitioner by check, characterize each payment as a commission, and issue a Form 1099 Misc. with respect to each taxable year in which any payment is made. Following the consultation with Lee, Besco began making payments to petitioner based on Besco’s sales to ASI's paint department. Each payment was in the form of a check and was characterized by Besco as a commission. The frequency, pattern, and amount of such payments are not determinable from the record; however, during the 6-year period ending with 1979, Besco paid petitioner the following amounts in connection with Besco’s sales to the paint department: Year Amount 1974 $10,918 1975 14,955 3Prior to December 1974, Besco was owned equally by Steiner, Tubre, and Kahn. After Steiner retired in December 1974, Tubre and Kahn became the sole owners of Besco.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011