- 4 -- 4 - Johnston, without petitioner’s involvement.4 Accordingly, we held that Mr. Johnston was the person who earned that $103,420 and that Mr. Johnston’s attempt to divert his personal service income to petitioner was an ineffective “assignment of income”, under the long line of authority beginning with Lucas v. Earl, 281 U.S. 111 (1930).5 Background The record consists of a few exhibits and a limited amount of testimony. 4 In Johnston v. Commissioner, T.C. Memo. 2000-315, we also found that $1,341 of the $104,786 paid to petitioner was paid for work done by Julia Ghavami (Ms. Ghavami). On July 27, 2000, the Court entered an agreed decision that Ms. Ghavami has no deficiency for 1993. 5 Our opinion in Johnston v. Commissioner, supra, issued on Oct. 6, 2000, concerned Mr. Johnston’s income tax for 1993. The Court has also redetermined Mr. Johnston’s income taxes for 1990- 92 and 1994-95, see Johnston v. Commissioner, docket No. 18619-99 (Johnston II), and acted on respondent’s motion to dismiss for lack of jurisdiction with respect to the trust herein for 1994- 95, docket No. 18438-99. On Nov. 17, 2000, the Court entered a decision for the Commissioner in Johnston II, pursuant to a bench opinion rendered on Oct. 19, 2000. On Nov. 27, 2000, the Court granted respondent’s motion and entered an order dismissing docket No. 18438-99. In Johnston II, the Court found that World Wide Mortgage Corp. and other third parties made payments during 1990-92 and 1994-95 for work performed by Mr. Johnston; these payments were deposited in Universal Trust’s bank account. The Court concluded in Johnston II that this attempted diversion of Mr. Johnston’s service income, like the diversion at issue in our earlier Johnston opinion, was an “assignment of income” that would not be recognized for Federal income tax purposes.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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