- 10 - provided to the parties to the Holiday Isle transaction. We are not convinced because petitioner does not allege nor is there any evidence that Dogwood Acres provided any services or that petitioner provided any services as an agent of Dogwood Acres. 3. Conclusion Gross income includes all income from whatever source derived unless excluded by law. Sec. 61. Income is taxed to the individual who earns it; the incidence of taxation cannot be shifted by an anticipatory arrangement. Lucas v. Earl, 281 U.S. 111, 114-115 (1930). We do not recognize petitioner's transfer to Dogwood Acres for Federal income tax purposes. Moline Properties, Inc. v. Commissioner, 319 U.S. 436, 439 (1943); Kimbrell v. Commissioner, 371 F.2d 897, 901-902 (5th Cir. 1967), affg. T.C. Memo. 1965-115. We conclude that the $250,000 commission that petitioner received for his services in the Holiday Isle transaction was taxable to him. Helvering v. Horst, 311 U.S. 112, 119-120 (1940); Lucas v. Earl, supra at 115. We sustain respondent's determination that the unreported commission income is attributable to petitioner. To reflect concessions (e.g., relating to Mrs. Barrow's tax liability, see supra note 1) and the foregoing, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011