- 168 - exhibit if the funds in the WHIP Barclays Bahamas bank account were subject to the control of Dr. Fallah, Diesel Power, or the WHIP entity itself. Accordingly, the WHIP funds should have been reported as income by petitioner. A significant amount of the Lockheed fees was paid to Diesel Power on petitioner's instructions and were, therefore, not included in the CTC receipts journal. Some of these payments were commissions from the P-3 aircraft sale, and some were not. To the extent that the payments were based upon the P-3 aircraft sale, we discuss them in the following paragraph. To the extent that the payments were not based on the P-3 aircraft, there is little evidence in the record showing Diesel Power's involvement in earning the commissions. Petitioner did virtually all of the planning and implementing of the C-130 Lockheed sales. He signed the consulting agreements and he modified them to adjust commissions. There is very little evidence that Diesel Power had anything to do with these transactions other than to be the named recipient of some of the checks. Accordingly, we hold that the entire amount of the Lockheed payments to Diesel Power that involved anything except the P-3 aircraft sales should have been reported by petitioner as income. Both Sunvaco and Diesel Power received commissions from Lockheed for the sale of P-3 aircraft. The only fee that appears to be at issue with regard to Sunvaco is the termination fee paidPage: Previous 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 Next
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