John R. Hernandez - Page 28

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          the items in issue were attributable to other taxpayers.  Indeed,           
          the alternate payees did not report--or even disclose--these                
          items on their income tax returns for the years in question.                
          Furthermore, the evidence in the record leaves no doubt that                
          petitioner exercised dominion and control over those items of               
          income when they were deposited into Mrs. Hernandez’ bank                   
          account.  The Supreme Court’s pronouncement in Commissioner v.              
          Glenshaw Glass Co., supra, has made it axiomatic that items over            
          which a taxpayer has dominion and control are attributable to him           
          and must therefore be included in income.  Petitioner had no                
          substantial authority for failing to include items of tax                   
          certificate interest income on his tax returns for the tax years            
          in question.                                                                
               Neither did petitioner adequately disclose his position                
          regarding the treatment of tax certificate interest income.  A              
          taxpayer's position may be adequately disclosed either on the               
          return or on a statement attached to the return.  Sec.                      
          6662(d)(2)(B)(ii).  Petitioner did not attach a statement to his            
          tax returns for the 1990, 1991, and 1992 tax years explaining his           
          position regarding the tax certificate interest income.  We                 
          therefore examine whether petitioner adequately disclosed his               
          position on his tax returns.                                                
               Section 1.6662-4(f)(2), Income Tax Regs., provides that the            
          Commissioner may by revenue procedure prescribe the circumstances           
          under which information provided on the return will constitute              



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