- 22 - The principal issue in this case is whether petitioner realized unreported income from his activities in connection with H&B. A taxpayer does not realize income by acting as a mere conduit for the transfer of funds on behalf of another. See Heminway v. Commissioner, 44 T.C. 96 (1965); Teschner v. Commissioner, 38 T.C. 1003, 1007 (1962); Mill v. Commissioner, 5 T.C. 691, 694 (1945); Drew v. Commissioner, T.C. Memo. 1972-40. However, "When a tax- payer acquires earnings, lawfully or unlawfully, without the consensual recognition, express or implied, of an obligation to repay and without restriction as to their disposition," then he has realized income. James v. United States, 366 U.S. 213, 219 (1961); see also Meier v. Commissioner, 91 T.C. 273, 295 (1988). Thus, we must determine whether petitioner used the funds he withdrew from H&B's bank accounts for H&B's benefit, or whether he converted those funds to his personal use. Lincoln Mark VII Automobile During 1988 and 1989, petitioner signed checks drawn on H&B's First Interstate account and made payable to Community Bank totaling $4,017.78 and $2,679.04, respec- tively. These checks represent payments on the loan used to purchase the Lincoln Mark VII.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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