- 280 - distributions to IRA are attributable to services provided by Ballard, Lisle, and Kanter. We further have found that the gain on the sale of the Schnitzer-PMS stock was properly taxable to Ballard, Lisle, and Kanter. Additionally, the interest income earned on the payments is also properly taxable to Ballard, Lisle, and Kanter. Finally, we have found that the payments by Frey to Zion, the payments by Schaffel to Holding Co, and the distributions from Essex to Holding Co. are attributable to services provided by Kanter. In addition, we have found that the corporations were shams, and, even if the corporations had been viable entities, petitioners were the true earners of the income, and respondent's allocation under section 482 was not unreasonable, arbitrary, or capricious. With respect to 70 percent of the payments from Hyatt to KWJ Corp., all of the payments by Frey to Zeus, all of the payments from Schaffel to IRA, the bargain element in the sale of the Schnitzer-PMS stock to IRA, as well as the gain and interest on the repurchase of the stock, and all of the Essex distributions to IRA, we think the 45-45-10 split is clearly evident. Thus, we hold that the payments, bargain element, gain, and interest are taxable 45 percent to each of Ballard and Lisle and 10 percent to Kanter.Page: Previous 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 Next
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