Albert M. Graham and Martha A. Graham - Page 38

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               Third, petitioner controlled the disposition of and                    
          benefited from the partnership distributions.  For example,                 
          petitioner owed Smith about $41,000 from his Redlands                       
          representation, and he used the 1996 and 1998 partnership                   
          distributions ($5,146.25 from the Kansas farm and $10,292.50 from           
          the Riverside property) to reduce his debt to Smith.  In 1999,              
          the partnership distributed checks in the amounts of $75,747.60             
          and $1,118.75, both jointly payable to petitioners’ children.               
          Both checks were endorsed to O’Leary who deposited them in his              
          investment account.  O’Leary then paid $55,615.64 of this money             
          to petitioner as a purported loan from his children, and he kept            
          the rest.  Petitioner treated the partnership distributions as if           
          they were his, and he told Smith that they were his.                        
               Fourth, petitioners reported the partnership loss on their             
          1998 return, which is an admission that petitioner, and not his             
          children, owned the partnership interest.  See Waring v.                    
          Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg. per curiam            
          T.C. Memo 1968-126.                                                         
               For these reasons, we do not recognize petitioner’s transfer           
          of his Anis partnership interest to his children for Federal                
          income tax purposes.  Estate of Sanford v. Commissioner, 308 U.S.           
          39 (1939); sec. 25.2511-2(b), (g)(1), Gift Tax Regs.  Thus,                 
          petitioners are taxable on the distributions from the Anis                  
          partnership in 1998 and 1999.                                               






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