J.J. Zand - Page 100

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          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 the           





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