- 196 - 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 aPage: Previous 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 Next
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