Cristeen B. Comey - Page 34




                                       - 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 option                 





Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011