J.J. Zand - Page 104

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          was involved in earning this income, both personally and through            
          the actions of his CTC employees.  At petitioner's instructions,            
          some of the Morgan payments were issued directly to Diesel Power            
          and some directly to CTC.  Petitioner recorded the CTC payments             
          as CTC commissions on the receipts journal, and petitioner did              
          not report as income any of the checks issued to Diesel Power in            
          1976.  This arrangement effectively resulted in the split of                
          commissions for 1976.  The 1977 payments were split on the CTC              
          receipts journal.  We conclude that the split of the commissions            
          such as was made here reflected the understanding of petitioner             
          and Diesel Power as to the work involved in earning the Morgan              
          commissions.  By the time these payments were made, petitioner              
          had relinquished ownership of some of his Diesel Power stock.               
          The actual division of commissions for 1976 and 1977 appears to             
          have adequately reflected the evidence of division of effort on             
          the part of Diesel Power and petitioner or CTC to implement the             
          Morgan arrangement.  Accordingly, we hold for petitioner on the             
          Morgan amounts.                                                             
                                  G.  Harnischfeger                                   
               There is no discussion in the parties' briefs concerning               
          respondent's determination in the 1974 notice of deficiency for             
          Harnischfeger.  The amount of $525.41 is determined as income               
          from Harnischfeger.  However, there is no evidence in the record            
          of income from that company, although it precisely matches an               





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