- 9 - present in the office; David routinely signed Arthur’s name; and Arthur, who was in his seventies during the years in issue, was unable to manage Demetree and Associates. In the alternative, respondent contends that the amounts petitioners received from Demetree and Associates were compensation for services. We disagree. David did not control Demetree and Associates. See Crowley v. Commissioner, 34 T.C. 333, 345 (1960) (holding that business income is taxable to the person who owns and controls the business). Petitioners, both of whom were credible witnesses, testified that, while Deborah worked, David performed domestic duties and was a full-time care provider to their five children. David merely assisted Arthur, who made the major business decisions. Arthur successfully ran Demetree and Associates for more than 10 years before David began assisting him, he continued to report the business income on his returns, and he was listed as the owner or broker on the leases and sales agreements. The only contrary evidence was the testimony of Ms. Lloyd, who was not credible. Finally, the facts that David signed Arthur’s name using a power of attorney and Arthur was in his seventies during the years in issue are of little significance. Nor are we persuaded that the amounts that David received from Demetree and Associates were compensation for services rendered. Instead, the testimony and documentary evidence establish that Arthur and Naomi made gifts and loans fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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