- 9 - earnings go to, or for the benefit of, the natural objects of the owners' bounty. Because the earnings of the dealerships are diverted to the dealer-related agencies, it may be questioned why the Commissioner did not impute the agencies' earnings to the dealerships. In Lucas v. Earl, 281 U.S. 111 (1930), the Supreme Court held that income must be taxed to the person who earns it; see Commissioner v. Culbertson, 337 U.S. 733, 739-740 (1949) ("the first principle of income taxation: that income must be taxed to him who earns it"). However, the Commissioner did not take that approach here.3 Instead, the Commissioner denied the dealerships' deductions for commissions paid to their managers on the theory that the commissions are an expense of the dealer- related agencies. The record is clear that the dealerships, not the insurance agencies, in fact offer credit insurance, notwithstanding that under Michigan law the dealerships are not permitted to receive commissions for selling credit insurance and that in accord with Michigan law the commissions are channeled to their related insurance agencies. However, the issue presented to us by the pleadings is not whether the commissions4 paid by the insurance 3 Conceivably, the Commissioner may have been deterred by Commissioner v. First Security Bank, 405 U.S. 394 (1972). 4 Unfortunately, the word "commissions" is used in two different contexts with potential for confusion: (1) Commissions paid by the insurance companies for the sale of policies, which (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011