CMA Consolidated, Inc. & Subsidiaries, Inc. - Page 24

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          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,             






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