- 34 - to support the research and development of his claimed inventions. There is no credible evidence in the record to that effect, however, and we have concluded that Landtrak had no business purpose and engaged in no business activity, during the years in issue. See supra pp. 19-20. We also note that on his Forms 1040 for the years 1985 through 1992, Mr. Comey reported that his total income varied from approximately $3,400 to approximately $5,100 per year. Although Mr. Comey claims that he was able to live on approximately $100 per week, the record supports the inference that Mr. Comey was using the amounts claimed to be Landtrak’s income to meet his personal needs. For all these reasons, we conclude that Mr. Comey was not acting as Landtrak’s nominee or other agent; he was both the title owner and the owner for tax purposes of the securities in his portfolio, at least until the stock in the portfolio was reregistered in Landtrak’s name in mid-1992. Accordingly, we also conclude that the $513 in interest and $44,080 in dividends received directly by Mr. Comey during 1991-92, and the $14,466 in capital gains realized directly by Mr. Comey during 1991-92, are Mr. Comey’s income, as determined by respondent. See Corliss v. Bowers, 281 U.S. 376, 378 (1930), where the Supreme Court stated: taxation is not so much concerned with the refinements of title as it is with actual command over the property taxed–-the actual benefit for which the tax is paid. * * * The income that is subject to a man’s unfettered command and that he is free to enjoy at his own optionPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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