- 26 - subject to tax on the income from such sales. Petitioners rely on Commissioner v. Smith, 285 F.2d 91 (5th Cir. 1960), affg. Griffin v. Commissioner, T.C. Memo. 1958-210. The taxpayer in that case had received "over-ceiling payments" from the purchasers of bottled whiskies. See id. at 92. The whiskies were owned by partnerships of which the taxpayer was a partner. See id. The Court of Appeals affirmed the finding of this Court that the "overceiling payments" were income to the taxpayer and not to the partnerships. See id. at 98. Petitioners argue that the Court of Appeals "ruled that there was no evidence suggesting that the partnership agreement in question 'comprehended' illegal transactions or 'entitled' the other partners 'to part of the illegal payments * * *'". (Petitioners' brief quoting from Commissioner v. Smith, 285 F.2d, supra at 97.) Second, petitioners argue that, even if the Court finds that the unreported income was partnership income, it was derived by Mr. Roberts from illegal activities, involving the "sale of excess or non-existent quota tobacco", and respondent has failed "to establish any foundation linking petitioners with the underlying illegal activity." Petitioners cite Williams v. Commissioner, 999 F.2d 760, 764 (4th Cir. 1993), affg. T.C. Memo. 1992-153;Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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