J.J. Zand - Page 117

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          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          includes amounts withdrawn from a Diesel Power account and from             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 extent             









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