Page:T.C. Memo. 2012-281.pdf/34

[*34] "activities of those involved in the financial transactions, namely, those activities of his wife, Mrs. Hovind." Although the presiding judge found that Mr. Hovind “direct[ed] the activities of those involved in the financial transactions”, this statement related to Mr. Hovind’s role as a director in structuring the cash transactions. We find that the presiding judge did not actually and necessarily decide that Mr. Hovind alone exerted control over CSE. Beyond her statement that Mr. Hovind had “decisionmaking authority”, the presiding judge made no findings with respect to petitioner’s and Mr. Hovind’s relative involvement with CSE.

Because petitioner has not established that she satisfied any of the conditions for collateral estoppel to apply, we reject petitioner’s collateral estoppel argument. D. Allocation of Income Section 61(a) defines gross income as “all income from whatever source derived, including (but not limited to) the following items: (1) Compensation for services, including fees, commissions, fringe benefits, and similar items; (2) Gross income derived from business; (3) Gains derived from dealings in property; (4) Interest; (5) Rents”. The definition is construed broadly and extends to all accessions to wealth, clearly realized, over which the taxpayer has complete ___________