- 11 - Petitioner's medical practice was incorporated as Superior in 1988. Petitioner deposited the medical practice's receipts into various bank accounts. Respondent argues that petitioner had dominion and control over these accounts; petitioner argues that he did not. Unless the nontaxable nature of deposits is established, gross income includes deposits to bank accounts where the taxpayer has dominion and control of the funds. See Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955); Davis v. United States, 226 F.2d 331, 334-335 (6th Cir. 1955); see also Manzoli v. Commissioner, T.C. Memo. 1988-299, affd. 904 F.2d 101 (1st Cir. 1990). The use of money for personal purposes is an indication of dominion and control. Woods v. Commissioner, T.C. Memo. 1989-611, affd. without published opinion 929 F.2d 702 (6th Cir. 1991). Petitioner's argument is unsupported by the evidence. His sister, Ms. Khana, Superior's incorporator, testified that petitioner controlled Superior and that she did not receive a single penny from the corporation. Petitioner used the AT #3 account and the Independent Savings Bank account to pay for his personal expenses. Petitioner also had a power of attorney to make withdrawals out of the Independent Savings Bank account. Furthermore, the Society National Bank account was in petitioner's name. Even though petitioner's medical practice was incorporated in 1988, petitioner continued to deposit medicalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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