Paul I. Yoshihara, Laura L. Yoshihara, and Krista A. Yoshihara - Page 12




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          taxpayer realizes income if he controls the disposition of that             
          which he could receive himself but diverts to another as a means            
          of procuring the satisfaction of his goals.  The receipt of                 
          income by the other party under such circumstances is merely the            
          fruition of the taxpayer's economic gain.  See Commissioner v.              
          Sunnen, supra at 605-606; Helvering v. Horst, 311 U.S. 112, 116-            
          117 (1940).                                                                 
               In this case, petitioners attempted to assert that they had            
          taken "vows of poverty" assigning "Any and all funds" to a                  
          religious institution(s).5  Petitioners offered no evidence to              
          substantiate their claim.  When secular services are rendered by            
          individuals, income received by them in an individual capacity              
          and not on behalf of a separate and distinct principal is taxable           
          to the individuals.  See Pollard v. Commissioner, 786 F.2d 1063             
          (11th Cir. 1986), affg. T.C. Memo. 1984-536; McGahen v.                     
          Commissioner, 76 T.C. 468 (1981), affd. without published opinion           
          720 F.2d 664 (3d Cir. 1983); Kelley v. Commissioner, 62 T.C. 131            
          (1974).  Accordingly, we find the income earned by petitioners              
          for landscaping services is taxable to them individually.                   


               5We see no need to address whether Mountlake is a church or            
          other religious institution.  Petitioners did not assert at trial           
          or on brief that the income assigned to Mountlake qualified for             
          the charitable contribution deduction under sec. 170.  In                   
          addition, since Mountlake is not a sec. 501(c)(3) organization,             
          there is no presumption that petitioners' contributions to the              
          organization are deductible from their taxable income.  See sec.            
          170(c) (defining deductible charitable contribution).                       





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