Mark D. Pridgen and Kay D. Pridgen - Page 26




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             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;                





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