- 181 - however, we can see no rationale under which they constitute income, and we therefore hold for petitioner. E. Ingersoll-Rand Petitioner argues that he is not liable for any unreported commission income from Ingersoll-Rand. At trial he and his witnesses testified that neither he nor CTC sold any Ingersoll Rand products during the period at issue, that Diesel Power was the representative for Ingersoll Rand, and therefore, that none of the commissions from that company was earned by him. Although respondent originally took the position that commissions from Ingersoll-Rand should have been included in petitioner's gross income, respondent on brief has partially conceded this issue, concluding that there was an agreement between Ingersoll-Rand and Diesel Power whereby Diesel Power was Ingersoll-Rand's representative in Iran. The record supports this position. Respondent contends now that petitioner is required to include in income all Ingersoll-Rand commissions that "he diverted from Diesel Power to his dominion and control." With regard to 1973 and 1974, respondent concedes the amounts of $48,222.04 and $197,259.65, respectively. However, in the ultimate proposed findings respondent asserts in a type of "dominion and control" argument that petitioner has income for these years to the extent of petitioner's withdrawals from the Diesel Power Bank of America account. Respondent claims that thePage: Previous 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 Next
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