- 29 - The oft-cited “first principle of income taxation” is that “income must be taxed to him who earns it.” Commissioner v. Culbertson, 337 U.S. 733, 739-740 (1949). Sparkman’s testimony convinces us that the HECO payments were income of the Mercury Solar business (and hence Sparkman’s income), notwithstanding contractual arrangements with a factoring company to “direct” some of the payments to HEH.30 Petitioners contend that HEH reported the missing $113,354 of HECO rebate payments on its 1999 tax returns. Petitioners concede that HEH did not file its 1999 Federal tax return until shortly before the trial in these cases but contend that this circumstance “should not affect the credibility of the contents of the HEH tax return”. Petitioners’ argument misses the mark. In the first instance, the evidence is insufficient for us to conclude with any 30 On brief, petitioners suggest that the HECO rebate payments were divided between HEH and Mercury Solar PTO because, pursuant to the HECO rebate program, HEH was entitled to a portion of the rebate as the “owner” of the solar equipment, and Mercury Solar PTO was entitled to a portion of the rebate as the “contractor” of the equipment. The premises of this contention are contrary to Sparkman’s testimony: “whenever someone installs a solar system via the Hawaiian Electric Company rebate program either the contractor or the homeowner is entitled to an $800 cash subsidy.” (Emphasis added.) The terms and conditions of the HECO rebate program are not otherwise clearly described in the record. Nor does the record otherwise contain any credible basis to support dividing the rebate income between HEH and Mercury Solar PTO. The parties have not raised, and we do not reach, any issue regarding the proper tax treatment of the factoring fee that was allegedly paid to the factoring agent with respect to the HECO payments.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011