Cristeen B. Comey - Page 28




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          income because Landtrak owned the stock Mr. Comey had                       
          reregistered in its name.9                                                  
               In short, Mr. Comey, like Mrs. Comey, claims that Landtrak             
          was the owner for tax purposes of securities giving rise to the             
          items of income in question.  However, Mr. Comey’s explanation of           
          how Landtrak became the owner of his securities (sometimes                  
          referred to hereinafter as Mr. Comey’s portfolio) is more                   
          complicated than Mrs. Comey’s explanation of how Landtrak became            
          the owner of her Capital Fund shares.                                       
               Mr. Comey claims that he originally transferred ownership of           
          his stock portfolio to Lumatron Corporation in 1978.  Mr. Comey             
          further claims that ownership of his portfolio then effectively             
          passed to Landtrak in 1987 or 1988, when he assertedly sold his             
          Lumatron stock to Landtrak.                                                 
               For the reasons set forth below, we conclude that Mr. Comey            
          never transferred ownership of his portfolio to Lumatron.                   



               9 We note that respondent also issued a statutory notice to            
          Landtrak for 1991 and 1992.  That notice included in Landtrak’s             
          income all items respondent now asserts are Mr. Comey’s income in           
          the cases at hand.                                                          
               Petitioners have not asserted that respondent’s issuance of            
          the notice to Landtrak should have any effect on the outcome of             
          the cases at hand, such as attributing all the income items in              
          controversy to Landtrak, rather than to Mr. Comey.  See Clapp v.            
          Commissioner, 875 F.2d 1396, 1401-1402 (9th Cir. 1989)                      
          (alternative notices attributing same items of income to                    
          individuals and related trusts were proper where Commissioner               
          contended trusts were shams).                                               





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