Leo and Alla Goldberg - Page 37

                                        -37-                                          
          There can be no doubt that petitioners exercised control over the           
          funds that were deposited in or transferred to their personal               
          accounts.  We must decide whether the extent of their control was           
          such that they are taxable on the amounts that were transferred             
          from Kortava in the years of the transfers.                                 
               The transfers from Kortava went into two accounts:                     
          California Federal account number 6130, in petitioner's name, and           
          California Federal account number 6250, in Coastline's name.                
          Petitioners then transferred these funds to other Coastline                 
          accounts and to their own savings account.                                  
               Petitioners claim that the funds that were transferred to              
          their personal savings account were payment for petitioners'                
          Mercedes that was sent to Russia and payment for petitioners'               
          interest in Martis Landing and Saddle Rock.                                 
               Mercedes                                                               
               We have found as a fact that Kortava transferred $20,000 to            
          petitioner as consideration for petitioner's sending his Mercedes           
          to Russia.  Petitioner did not report this amount on his 1990               
          return.  Respondent determined that this amount represented                 
          unreported income.                                                          
               When it became apparent that petitioner would not be able to           
          meet the requirements of specific vehicles as contemplated by the           
          agreement between Kortava and petitioner, petitioner sent his               
          personal car, the Mercedes, to Russia.  The acquisition expense             
          of the Mercedes was not shown on the Schedule C for 1990 or 1991.           




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