J.J. Zand - Page 257

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          signature on CTC stationery was sent to Harnischfeger asking that           
          payment be sent to CTC.  In April 1975, Harnischfeger issued a              
          check to CTC in the amount of $130,000, which was deposited into            
          the CTC CNB account.  This amount was recorded in CTC's 1975 cash           
          receipts journal as $52,000 in commissions to CTC and $78,000 in            
          commissions to Diesel Power.  Neither CTC nor petitioner included           
          the $78,000 amount attributed to Diesel Power in income for 1975.           
               In the notice of deficiency for 1976 respondent increased              
          petitioner's income from Harnischfeger by $33,809.71.  During               
          1976 Harnischfeger, upon instructions from a CTC employee, issued           
          checks payable to CTC in the total amount of $56,349.52.  These             
          checks were deposited into the CTC CNB account.  They were                  
          recorded as commissions for CTC of $22,539.81 and for Diesel                
          Power of $33,809.71.                                                        
               In the notice of deficiency for 1977, respondent increased             
          petitioner's income for "SALES COMMISSIONS D.P.T.C." in the                 
          amount of $179,224.28.  Of this amount $56,158.59 was                       
          attributable to commissions for Diesel Power from Harnischfeger.            
          The CTC receipts journal for 1977 lists receipt from                        
          Harnischfeger of a total amount of $93,597.66, which was                    
          deposited into the CTC CNB account.  That journal allocated                 
          $37,439.07 as commissions for CTC and $56,158.59 as commissions             
          for Diesel Power.                                                           







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