- 169 -
in 1976. We think some of the funds paid to Sunvaco as well as
payments to Diesel Power that involved the P-3 aircraft sales
were not entirely petitioner's income. Petitioner contends that
he did not have sufficient experience to market the P-3 airplanes
alone and, in support thereof, directs our attention to a
Lockheed letter stating that it was not Lockheed's intention to
hire only petitioner to market the P-3 aircraft. That letter was
written in response to petitioner's request. Although it was
written in preparation for tax litigation, the letter does
confirm that Lockheed hired not merely petitioner to do this
consulting work to market the P-3 aircraft, but also Mr. Zanganeh
and Mr. Khalatbari as well. This indicates that these two
gentlemen actually performed some of the work for the P-3
aircraft sales independently and at their own expense. We do not
agree with respondent that Mr. Zanganeh and Mr. Khalatbari were
merely petitioner's employees who were compensated for their
services. Hence, Mr. Zanganeh and Mr. Khalatbari earned a
portion of the income. In the absence of any evidence as to what
percentage of the work each man performed, we assume that they
worked equally. Thus, we hold that the portion of the
termination payment to Sunvaco attributable to the sale of the P-
3 aircraft ($100,000) was not income solely to petitioner; he
realized income of only one-third of that amount. With regard to
the payments to Diesel Power involving the P-3 aircraft, we also
Page: Previous 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 NextLast modified: May 25, 2011