Ivan Andre Zaal - Page 4

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                    [An] entity earning the income--whether a                         
               partnership or an individual taxpayer--cannot avoid                    
               taxation by entering into a contractual arrangement                    
               whereby that income is diverted to some other person or                
               entity.  Such arrangements, known to the tax law as                    
               "anticipatory assignments of income," have frequently                  
               been held ineffective as means of avoiding tax                         
               liability.  * * *                                                      
          United States v. Basye, 410 U.S. 441, 449-450 (1973); Caruth                
          Corp. v. United States, 865 F.2d 644, 648 (5th Cir. 1989) (one              
          who earns income cannot escape tax upon the income by assigning             
          it to another).                                                             
               "[I]f one, entitled to receive at a future date * * *                  
          compensation for services, makes a grant of it by anticipatory              
          assignment, he realizes taxable income as if he had * * *                   
          received the salary and then paid it over."  Commissioner v. P.G.           
          Lake, Inc., 356 U.S. 260, 267 (1958).  "One need not personally             
          receive the taxable benefits provided one has the power to                  
          determine the recipient.  United States v. Basye, 410 U.S. 441."            
          Saunders v. Commissioner, 720 F.2d 871, 873 (5th Cir. 1983),                
          affg. T.C. Memo. 1992-655.                                                  
               An individual cannot escape tax on income to which he is               
          entitled by "turning his back" upon that income.  If he has                 
          received the income or had a right to receive the income, he is             
          taxable thereon.  See Teschner v. Commissioner, 38 T.C. 1003,               
          1009 (1962).                                                                
               Petitioner argues that he sold property to AKG and is no               
          longer liable for tax on the income from that property.  State              




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