- 173 - 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 AshlandPage: Previous 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 Next
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