- 63 - 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 thePage: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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