- 186 - amount that appears on the CTC receipts journal from Parker- Hannifin. In the absence of any explanation for this by respondent, we conclude that respondent has conceded this amount. With respect to the years 1975 through 1977, we note that by this time petitioner had relinquished a portion of his Diesel Power stock. A contract existed directly between Diesel Power and Harnischfeger, and the record shows that the Harnischfeger commissions were earned by the efforts of Diesel Power and CTC. While petitioner or a CTC employee personally signed the distributor agreements, supervised the receipt of commissions thereunder, and directed the accounts to which they were payable, Diesel Power employees performed the work required in Iran to obtain orders for Harnischfeger equipment. The division of commissions on the CTC receipts journal between CTC and Diesel Power appears to adequately reflect the efforts of both companies and, therefore, will be respected. We hold for petitioner with respect to the Harnischfeger amounts for these years. H. Pioneer Petitioner's only argument with respect to Pioneer in general is that there was a commission-splitting agreement between CTC and Diesel Power. Respondent contends that the distributor agreement was between Pioneer and CTC and that petitioner remained in control of the earning of commissions pursuant to that agreement. We agree with respondent. While the record shows that Pioneer issued a "To whom it may concern"Page: Previous 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 Next
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