AJF Transportation Consultants, Inc., et al. - Page 16

                                                    - 16 -16                                                      

             arrangement as a loan, it would not have claimed deductions for                                      
             fuel expenses.                                                                                       
                    In sum, AJF's tax reporting and other actions have not shown                                  
             an honest and consistent respect for what petitioners argue is                                       
             the substance of these reimbursements.  Therefore, respondent has                                    
             shown by clear and convincing evidence that the fuel                                                 
             reimbursement checks should be included in AJF's gross income.                                       
                          2.  Inclusion of AJF's Custom Decorating Checks and                                     
                          Fuel Reimbursement in Ferrentino's Gross Income                                         
                    The next question is whether Ferrentino, as president and                                     
             sole shareholder of AJF, must include the Custom Decorating and                                      
             fuel reimbursement checks in gross income because he cashed the                                      
             checks personally.  Generally, "income that is subject to a man's                                    
             unfettered command and that he is free to enjoy at his own option                                    
             may be taxed to him as his income, whether he sees fit to enjoy                                      
             it or not."  Corliss v. Bowers, 281 U.S. 376, 378 (1930).                                            
                    Respondent argues that Ferrentino should include the                                          
             diversions as ordinary income.  Ferrentino, on the other hand,                                       
             argues that the cashed checks do not represent income to him                                         
             because he received the checks on behalf of AJF as its "agent"                                       
             and that the cash was held in "constructive trust" to pay a                                          
             business expense of AJF.                                                                             









Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011