- 185 - 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 anPage: Previous 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 Next
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