- 178 - Diesel Power appears to have had little or no involvement in the Pakistani sale and, therefore, did not earn the commissions in relation to it. Petitioner, on the other hand, earned all of the GM commissions attributed to Diesel Power on the CTC receipts journal. Petitioner appears to have negotiated the Pakistani locomotive sale and he was in control of the arrangement. A letter from petitioner to Mr. Khilnani indicates that petitioner was willing to pay for Mr. Khilnani's travel expenses, which he apparently was not required to do. Diesel Power does not appear to have had any involvement in these arrangements. There is also testimony that Diesel Power never sold anything that was not shipped to Iran. There is persuasive evidence that petitioner was responsible for and controlled the Pakistani arrangement. Therefore, we conclude that petitioner earned the commissions paid in connection therewith. For the same reason, we conclude that respondent's allocation in the notice of deficiency for 1976 of "other" income in the amount of $34,377.70, which is equivalent to payments to Mr. Khilnani, also was correct. However, the payments made to Mr. Khilnani and the Amelia Corporation, to the extent proven, would also constitute deductible commission expenses. All payments to Amelia Corporation but one were sufficiently proven and constitute deductible expenses. With respect to this one payment, petitioner stated that $50,000 was paid in 1976 toPage: Previous 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 Next
Last modified: May 25, 2011