- 28 - 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 constitutePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011