Cristeen B. Comey - Page 27




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          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’s           











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