J.J. Zand - Page 128

                                        - 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 capital              





Page:  Previous  197  198  199  200  201  202  203  204  205  206  207  208  209  210  211  212  213  214  215  216  Next

Last modified: May 25, 2011