- 38 - 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.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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