James S Sparkman - Page 29

                                       - 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