Maggie Management Company - Page 24

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          have been reasonable for respondent to take the position that               
          petitioner was estopped from arguing that the automobiles and               
          personal property did not belong to it, and that it was not                 
          independent.  Respondent thus had a reasonable basis in both fact           
          and law for maintaining the position that the expenses deducted             
          by petitioner on account of the automobiles and other personal              
          items were not incurred as agent for Ohanesian and the related              
          entities.                                                                   
               Even if one were to assume that the doctrine of judicial               
          estoppel did not apply in the instant case, respondent was                  
          entitled to require from petitioner cogent evidence of the                  
          genuineness of an agency relationship.  See Commissioner v.                 
          Bollinger, 485 U.S. 340, 349-350 (1988), wherein the Supreme                
          Court stated:                                                               
               the genuineness of the agency relationship is                          
               adequately assured, and tax-avoiding manipulation                      
               adequately avoided, when the fact that the corporation                 
               is acting as agent for its shareholders with respect to                
               a particular asset is set forth in a written agreement                 
               at the time the asset is acquired, the corporation                     
               functions as agent and not principal with respect to                   
               the asset for all purposes, and the corporation is held                
               out as the agent and not principal in all dealings with                
               third parties * * *  [Emphasis added.]                                 
               In the instant case, petitioner alleged that an oral                   
          agreement to pay personal expenses as an agent of the Ohanesians            
          existed, and that Ohanesian had de facto control over petitioner            
          even though he was not the nominative shareholder.  In State                
          court, however, petitioner contended that the relationship                  





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