- 6 -- 6 - On June 24, 1983, $184,630 was withdrawn from the Alpha account2 by the purchase of a cashier's check and was used by petitioners as part payment on the purchase of a new personal residence for petitioners in Alameda, California (referred to hereinafter as the Oyster Pond Property). An installment note from petitioners to Alpha with respect to this $184,630 was drafted but was never signed by petitioners, and petitioners made no repayments to Alpha of this $184,630. Alpha did receive a deed of trust on the Oyster Pond Property as stated security relating to this $184,630. Petitioners have implicitly conceded that petitioners' withdrawal of this $184,630 did not constitute a valid loan from Alpha. In August and September of 1983, petitioners purchased appliances and other items for the Oyster Pond Property using $3,148 in CCMI's funds. The schedule below describes these purchases: Date Item Cost 8/11/83 Home appliances $2,051 8/31/83 Wallpaper 800 9/8/83 Other expenses 297 $3,148 On November 8, 1982, this Court decided Zmuda v. Commissioner, 79 T.C. 714 (1982), affd. 731 F.2d 1417 (9th Cir. 2 This amount includes accrued interest and appears to have been the entire balance of the Alpha account at the time of withdrawal.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011