-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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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