Donald Ferry and Sharon Ferry - Page 7

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            when petitioner approached him about investing in the restaurant.                              
            Iron Hill was in arrears with State and Federal taxes.  It was                                 
            also facing a balloon payment on a mortgage taken out in 1977.                                 
                  Petitioner convinced Wilberding that he had financial and                                
            business expertise, and outlined a plan to pay off the taxes and                               
            the prime lease.  Petitioner would pay Wayanne's debts; in                                     
            return, Wayanne would be dissolved and petitioner would become a                               
            50-percent partner in everything connected with the restaurant,                                
            including the 40-year lease and leasehold improvements.                                        
            Petitioner paid approximately $47,000 to the Internal Revenue                                  
            Service (IRS) in August of 1982 for Wayanne's withholding taxes,                               
            and $25,000 to the State of Delaware.                                                          
                  At trial, petitioner claimed these amounts were loans to                                 
            Wayanne, that he is thus a creditor, and therefore any moneys he                               
            took out of the business (which he denies having done) were                                    
            simply loan repayments and not taxable income to himself.                                      
            Wilberding contends that petitioner was buying a 50-percent                                    
            partnership share of the business.  Neither a partnership                                      
            agreement nor notes evidencing loans are in evidence.  Nor are                                 
            there any stock agreements or shares or, in fact, anything                                     
            showing that any of the entities referred to in this case had any                              
            legal existence.                                                                               
                  Petitioner claimed that he created or used various entities                              
            for various aspects of the business.  One entity was to buy                                    





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