J.J. Zand - Page 269

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          Diesel Power.  The letter requests that the balance of the                  
          commission due be transferred to CTC.  A 1975 Galion letter to              
          one of its European affiliates states that, while the affiliate             
          had provided commission funds directly to Diesel Power on certain           
          past shipments, this procedure was "contrary to Caspian Trading's           
          instructions to us.  Mr. Zand called me the other day and advised           
          me of this."  The letter further stated that the correct                    
          procedure was to credit the affiliate's books in the name of                
          Diesel Power, send a copy of the credit to CTC, and "Await                  
          notification from Caspian as to when and how dispersement is to             
          be made."  This letter shows that a copy was sent to petitioner             
          but does not show that a copy was sent to Diesel Power.                     
          Petitioner's control over the earning of commissions also is                
          reflected in a 1976 memo to the Galion file, which states:                  
               Mr. Zand suggested and Farshid graciously agreed that                  
               Caspian retain 100 percent of the profit on the Galion * * *           
               parts and engine orders yearly until such time as Caspian              
               covers their overhead.  Once Caspian's overhead is                     
               satisfied, then the division is Caspian 75 percent and                 
               Diesel Power 25 percent.                                               
                                R. Payments by Galion                                 
               In the notice of deficiency for 1973 respondent determined             
          that there was unreported "Per books" income from Galion in the             
          amount of $170,798.84 and "Other" income from Galion of                     
          $2,368.24.  During the taxable year 1973 Galion issued checks               
          payable to CTC totaling $284,664.74, all of which were deposited            






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