- 15 - the cash from sales of wheels and axles went directly into his pocket. As Mr. Coyle explained at trial: “a lot of times it would come to me. Okay? And I would use it for my income, you know.” Mr. Coyle failed to provide any evidence with respect to respondent’s determination for 1993 that he received $2,500 from Mr. Pearce from sales of wheels and axles. Respondent elicited testimony from Mr. Herman concerning the nature of Mr. Coyle’s income. Mr. Herman presumed Mr. Coyle received commission income from Regal, but the documentation did not support this. Mr. Herman explained that he “instructed Mr. Coyle that, being an officer of the company, the IRS generally required them to take wages, W-2s, and we could report the income from the W-2s and any withholding. During the course of those years, that was not done. He did not pay himself any payroll.” Respondent’s revenue agent said that, at the audit, it was first explained to her that Regal paid Mr. Coyle commissions. Petitioners later “elaborated a little more, saying that it actually was wheel and axle income that came from the corporation that went directly to Mr. Coyle in lieu of commission income.” Mr. Coyle testified that he never received commission income. We find Mr. Coyle’s lack of clarity in reporting the nature of his income to be disingenuous, given that he controlled Regal.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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