Marguerite Barrow and William D. Barrow - Page 10

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          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.                          







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