- 197 - whole shows that until 1978 petitioner for the most part was in control of Diesel Power and is taxable on most payments made or attributed to Diesel Power. Where the evidence is lacking as to which employees performed work for these companies, petitioner has failed to meet his burden of proof. We therefore hold that with the exception of the 1976 Exxon allegation, petitioner has failed to meet his burden of proof for these miscellaneous commissions. With respect to Exxon, respondent asserted an amount for 1976 greater than the stipulated amounts attributed to Diesel Power on the CTC receipts journal. We hold that the stipulated amount of $12,082.61 constitutes the amount of unreported 1976 income received from Exxon. L. Petitioner's Withdrawals from Bank Accounts Respondent makes a further argument that petitioner's income includes amounts withdrawn from a Diesel Power account and from the WHIP account at the times the withdrawals were made. Thus, respondent contends that in the event that we do not hold that petitioner had unreported commission income in the form of funds received from Lockheed, Goodyear, Clark, Galion, and Morgan that were deposited in the Diesel Power Bank of America account, as well as Lockheed funds that were deposited in the WHIP Barclays Bahamas account, petitioner had unreported income to the extentPage: Previous 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 Next
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