- 5 - 2005. Although petitioner did not appear, petitioner’s counsel did. Petitioner’s counsel did not introduce witnesses or provide documentary evidence in support of petitioner’s position. OPINION Petitioner asserts he is not liable for the deficiency and additions to tax respondent determined because: (1) Petitioner did not receive income in the years at issue because he assigned the income to a trust; (2) respondent failed to meet the burden of producing evidence that the income earned during the years at issue was attributable to petitioner; (3) respondent failed to meet the burden of producing evidence that petitioner is liable for additions to tax; and (4) the person who issued the notices of deficiency lacked delegated authority. A. Assignment of Income Petitioner asserts he did not earn the commissions paid by Bankers United for the years at issue because he assigned all his commissions to Salt Creek Services. Section 61(a) defines gross income for purposes of calculating taxable income as “all income from whatever source derived”. This broad definition includes “Compensation for services, including fees, commissions, fringe benefits, and similar items”. Sec. 61(a)(1); sec. 1.61-2(a)(1), Income Tax Regs. One of the fundamental principles of the Federal income tax is that income must be taxed to the one who earns it. Lucas v. Earl, 281 U.S. 111 (1930). Attempts toPage: Previous 1 2 3 4 5 6 7 8 9 Next
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