- 189 - business with Pioneer, because the Diesel Power he had created had "ceased to exist". We conclude therefrom that petitioner earned the entire commission reflected on the CTC receipts journal as having been paid by Pioneer during 1978. I. Galion We note initially that, in the notice of deficiency, respondent determined unreported "Other" income from Galion in 1973 in the amount of $2,368.24. Petitioner in his brief contends that this was a part of direct payments to Diesel Power that are not taxable to him. Because respondent does not make any reference to this amount on brief, we conclude that respondent has conceded this determination, and we hold for petitioner with respect to this amount. All other determinations pertaining to Galion involve the question of whether petitioner must include in income for the years 1973 through 1978 payments from Galion that were made to CTC at the instructions of petitioner or a CTC employee, some of which were attributed to Diesel Power on the CTC receipts journals. We conclude that he must. There were direct dealings between Diesel Power and Galion prior to the years at issue, as evidenced by the existence in 1969 of a sales relationship between the two companies and a negotiated settlement concerning overdue time drafts signed by Mr. Khalatbari. However, the 1969 distributorship contract between Diesel Power and Galion, whichPage: Previous 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 Next
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