J.J. Zand - Page 82

                                        - 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

Last modified: May 25, 2011