- 113 - instead, petitioner had reported the full $2.5 million fee and claimed a $2 million business deduction with respect to the portion paid to CKH. Alternatively, petitioner argues that if the $2 million is includable in its income, then petitioner is entitled to a $2 million deduction for the payment to CKH. 2. Respondent’s Arguments Respondent argues that the assignment of income doctrine applies and that the entire $2.5 million NSI fee is includable in petitioner’s taxable income for 1997. Respondent asserts that petitioner earned the $2.5 million fee. As to the alleged fee- splitting agreement, respondent maintains that Crispin’s and Koehler’s testimony is self-serving and not credible. Respondent also contends that the failure to execute a contemporaneous written document memorializing a $2 million fee-splitting agreement is suspect. Although acknowledging that petitioner was arranging the sale of the RD stock by a securities dealer like CKS, respondent maintains that petitioner has failed to show that any portion of its $2 million payment to CKH is deductible as a business expense.Page: Previous 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 Next
Last modified: May 25, 2011