J.J. Zand - Page 91

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          him, he would have been misappropriating NIOC funds by depositing           
          them into a Diesel Power account.  Therefore, we conclude that              
          petitioner was simply using the Diesel Power Account to receive             
          the 1975 Ashland funds he had earned.                                       
               We conclude that petitioner earned Ashland's 1974 and 1975             
          payments to All Patents and, therefore, such payments constitute            
          his income.                                                                 
               With regard to Ashland's 1976 payment in the amount of                 
          $265,000 attributed to Diesel Power on the CTC receipts journal,            
          the evidence as previously discussed shows very little                      
          involvement in Ashland matters by Diesel Power.  Petitioner                 
          testified that the 1976 payment was for his services in obtaining           
          the release from All Patents.  While both an Ashland witness and            
          petitioner stated that Ashland also met with Mr. Khalatbari and             
          I.J. Zand on several occasions, there is no indication that                 
          either Mr. Khalatbari or I.J. Zand believed that Diesel Power was           
          Ashland's representative.  To the contrary, Mr. Khalatbari and              
          I.J. Zand believed petitioner was Ashland's representative.  The            
          documentary evidence also shows a significant amount of                     
          correspondence between petitioner and Ashland representatives;              
          yet, there is no correspondence in the record between Ashland               
          representatives and either Mr. Khalatbari or any other Diesel               
          Power employee.  Hence, in our judgment, petitioner was the                 
          primary (if not the only) independent participant in the Ashland            





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