Ted W. Gleave - Page 63

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          F.2d 494 (1st Cir. 1968); Rev. Rul. 58-90, 1958-1 C.B. 88.                  
          Gleave was Kenmore’s sole shareholder, its president, and an                
          active worker.  As we have pointed out (supra note 10), neither             
          side in the instant cases is clear as to its position regarding             
          which hat Gleave wore with regard to any of the Kenmore payments.           
          Neither side has given us the benefits of stating, much less                
          analyzing, its position as to whether section 106 properly leads            
          to Gleave’s excluding from his income Kenmore’s payment of the              
          Blue Cross premiums.  Our analysis of the record in the instant             
          cases does not enable us to redetermine this point.  Thus, we               
          conclude that the tax treatment of Kenmore’s payments of the Blue           
          Cross premiums is to be determined in accordance with the burden            
          of proof.                                                                   
               (e) Kenmore’s Income                                                   
               Petitioners contend “that the income attributed to Mr.                 
          Gleave was in fact income of 747 Kenmore.”  All of Gleave’s                 
          income that we deal with in the instant cases are payments by               
          Kenmore to or for the benefit of Gleave.  There is not an                   
          inconsistency between an item of income to Kenmore providing the            
          funds for a payment that results in income to Gleave.                       
               (f) Eggertsville Inn                                                   
               Petitioners contend on brief that the Eggertsville Inn was             
          “a wholly owned and operated subsidiary of 747 Kenmore.”  They              
          state that “Ted Gleave and Shirley Bohn and Clifford Pixley all             
          testified without contradiction that both 1066 Sheridan and the             






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