J.J. Zand - Page 80

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          this aspect of petitioner's contentions because it is not at                
          issue.                                                                      
               Second, petitioner contends that there was an "agreement"              
          between himself or CTC and Diesel Power to split commissions in             
          various percentages.  This is the primary theory by means of                
          which petitioner attempts to justify attributing much of the                
          income in question on the CTC receipts journal to Diesel Power.             
          We note that there were a significant number of transfers of                
          commissions between Diesel Power and CTC during the years at                
          issue, which tends to support petitioner's argument that there              
          was some kind of unwritten understanding between Diesel Power and           
          CTC concerning the splitting of commissions.  However, this                 
          "agreement", even if it did exist, is irrelevant to the issue               
          before us.  A voluntary agreement to relinquish the right to                
          receive income is insufficient.  In Lucas v. Earl, 281 U.S. 111             
          (1930), the taxpayer entered into a contract with his wife                  
          whereby she was entitled to one-half of his income.  The Supreme            
          Court held that under assignment of income principles the entire            
          amount was taxable to the taxpayer because he could not assign              
          away income that he earned.  Id. at 115.  Hence, if petitioner              
          earned the commissions involved herein, he could not assign them            
          to Diesel Power.  Accordingly, the commission split understanding           
          was irrelevant.  We also note in connection with this alleged               
          splitting of commissions that there were numerous payments                  





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