-360- OPINION143 The provision of section 61 that gross income includes all income from whatever source derived would encompass fees and commissions earned as compensation for services. THC and Zion received payments from Equitable Leasing which were labeled inconsistently as commissions and/or loans. Kanter asserts THC and Zion “received certain amounts from Equitable Leasing in the first six months of 1983 as an accommodation to allow Zion to make investments in certain offerings Equitable Leasing was promoting so that those offerings could become fully subscribed and close.” Petitioners’ Reply Brief at 1245. Respondent contends all the moneys Equitable Leasing transferred to THC and Zion were commissions paid to Kanter to compensate him for recruiting investors for Mallin’s equipment leasing transactions. Kanter argues the funds in question were loans. We agree with respondent. The record shows: (1) Kanter recruited investors for Equitable Leasing’s transactions, and (2) Mallin/Equitable Leasing paid commissions for these services to Kanter-related entities, THC and Zion. Against this evidence, Kanter offered 143 The STJ report recommended holding that respondent is barred from making any determination concerning the taxable year 1983 on account of the expiration of the period of limitations governing assessment and collection for that year. As previously discussed, we determined that Kanter’s income tax returns for the years at issue were fraudulent, and, therefore, the period of limitations remains open pursuant to sec. 6501(c)(1).Page: Previous 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 Next
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