- 165 - Power, but that this reduction did not occur until the end of 1974 rather than 1971. Other than his testimony, petitioner did not present any evidence to support a transfer of stock control prior to 1974. Given the behavior of petitioner and the employees involved, as well as the apparent attitudes of those who dealt with them in business transactions between 1971 and 1974, we question whether petitioner gave up full ownership of Diesel Power without documentary support before November 1974, when petitioner sold 60 percent of his interest in Diesel Power to the Khalatbaris. While this was a "family" business where a certain amount of informality is to be expected, we think a transaction of such magnitude, if it had occurred in 1971, would have been accompanied by some written evidence. Petitioner has presented none. Therefore, we conclude that petitioner continued to own 100 percent of Diesel Power until at least November 1974.26 However, it is still possible that petitioner was sufficiently subject to the direction and control of Diesel Power in a meaningful sense even prior to the end of 1974, so that it would be correct to allow its income to be taxed separately from petitioner within the meaning of Johnson v. Commissioner, 78 T.C. at 891. Similarly, it also is possible that petitioner retained 26 Similarly, petitioner's statements at trial that Diesel Power "instructed" CTC to "pursue receipt of commissions and to transfer them to Diesel Power" is not supported by any contemporaneous documentary evidence. Documents reviewed by the Court indicate instead that it was at petitioner's instructions that such pursuit of commissions was accomplished.Page: Previous 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 Next
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