- 27 - in Landtrak’s name and then placed in the PaineWebber account, as determined by respondent. Mr. Comey’s only argument is that this gain is Landtrak’s income, because Landtrak was the owner for tax purposes of the stock registered in its name. Mr. Comey’s Assertions Mr. Comey claims that his income does not include the $513 in interest and $44,530 in dividends he personally received during 1991-92. Mr. Comey similarly claims that his income does not include the $14,466 in capital gains (corresponding to the $14,666 sales proceeds) he personally received during those years. According to Mr. Comey, although the relevant securities were registered in his name at the time of payment or sale: (1) Landtrak owned the securities; (2) Mr. Comey received the interest, dividends, and sales proceeds as Landtrak’s nominee; and (3) these items are includable in Landtrak’s income, not Mr. Comey’s income. Mr. Comey further claims that his income does not include either the $2,919 in dividends paid in 1992 on the stock registered in Landtrak’s name or the $407,306 in net capital gain realized in August 1992 on the sales of that stock by PaineWebber. According to Mr. Comey, these items were Landtrak’sPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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