- 112 - B. The Parties’ Arguments 1. Petitioner’s Arguments Petitioner contends that the assignment of income doctrine should not be applied with respect to the $2 million portion of the NSI consulting fee paid over to CKH. In support of its argument, petitioner relies heavily on Crispin’s and Koehler’s testimony concerning an alleged oral fee-splitting agreement. Crispin and Koehler testified that it was necessary for petitioner to involve CKH because petitioner, unlike CKS (a securities dealer), would not be able to claim the $87 million ordinary loss from the sale of the RD stock. Their testimony is that, shortly after NSI retained petitioner, Crispin and Koehler orally agreed that petitioner would split the fee and pay $2 million to CKH. Petitioner asserts that this alleged oral agreement created something in the nature of a joint venture with petitioner and CKH as partners working together to earn and, ultimately, to share the fee. Petitioner also relies on Crispin’s testimony that, during its 1997 taxable year, petitioner entered into similar fee- splitting agreements with third parties that assisted petitioner in performing services for petitioner’s clients. Petitioner contends that respondent did not dispute the validity of other fee-splitting agreements. Petitioner also argues that respondent would not have disputed its alleged fee-splitting agreement if,Page: Previous 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Next
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