J.J. Zand - Page 116

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          between CTC and Diesel Power over Clark commissions when Mr.                
          Khalatbari began to be assertive about commissions.  The sense of           
          the 1977 letter from Mrs. Conway and Mrs. Meier to petitioner               
          about the dispute concerning Clark commissions is that                      
          petitioner's former control was being challenged.  The evidence             
          shows that this question was resolved when Mr. Khalatbari paid              
          approximately $325,000 to CTC in June of that year.  Thus, by the           
          end of 1977, and particularly after the transfer of petitioner's            
          last 40 percent of Diesel Power stock to the Khalatbaris,                   
          petitioner had lost his control over Diesel Power.  We conclude             
          that the $15,191.10 of commissions allocated to Diesel Power on             
          the 1978 CTC receipts journal were not taxable to petitioner.               
                         K.  Miscellaneous Companies/Goodyear                         
               Petitioner's only argument with respect to the relatively              
          small commissions received from various companies was that a                
          commission-splitting agreement existed between CTC and Diesel               
          Power, and that the allocation of commissions on the CTC receipts           
          journal was in accordance with that agreement.  As we have                  
          discussed, petitioner's alleged agreement, even if it existed, is           
          irrelevant to the question before us of who actually earned the             
          commissions at issue.  Although there is little record evidence             
          of the dealings with these particular companies, the record as a            









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