- 207 - Although petitioner does not argue on brief in support of his position that 1979 reported income should be reduced by $348,350 attributable to a "claim of right" adjustment or that his 1981 income tax calculation should be based upon section 1341, he requests the Court to so find in his proposed findings of fact. An analysis clearly shows that petitioner is not entitled to a reduction in 1979 nor to tax computation relief in 1981. The parties agree that on petitioner's 1979 tax return he included in income approximately $1.6 million that he had in his possession representing commission income he received from manufacturers in prior years. On the return he reported that this amount was includable in income because he had determined that he would not transmit the funds to Mr. Khalatbari or Diesel Power because of their disputes. In an amended return petitioner claims the income previously reported should be reduced by $348,350, with the explanation that he did not receive as much as he thought he would in the sale of Diesel Power stock. The fact that there was a dispute over the sale price for the Diesel Power stock has nothing to do with the claim of right petitioner exercised over commissions that he earned and held in his possession during 1979 and prior years. They are two separate items. Petitioner still retained the commission funds; the stock sale dispute was over the price for disposition of his capitalPage: Previous 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 Next
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