Paul L. Tregre, Jr. - Page 5

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          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.                                   





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