J.J. Zand - Page 108

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          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, which             





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