13 numerous oral and written requests during the audit process, in which he produced the bank notes and the guaranty agreement with Don Test, petitioner did not produce the alleged notes between himself and DRPC until after the statutory notice of deficiency had been issued. DRPC did not make any "loan" repayments to petitioner, and petitioner did not report any interest income with regard to the alleged notes. Petitioner argues that any interest, principal, or guaranty fees were made "on the account of" petitioner, were for his benefit, and were recorded as a decrease in the amount of indebtedness of the corporation to petitioner. He argues that any interest due to him from the corporation was treated as an increase in the amount owed to him based on the notes from DRPC to him. He asserts that the interest charged by the bank was not the same as that charged by him to DRPC, and the difference between the two interest amounts "represent[s] the guaranty fees, interest, and principal paid by petitioner". We have no evidence of any accounting whatsoever as to interest paid or owed by DRPC to petitioner. In evidence is one computer printout of the general account of DRPC. Petitioner may have derived these figures from the register, but he has failed to prove to this Court how he accounted for any separate debt between DRPC and himself. On its returns, DRPC reflected notes as payable to Frost Bank, not petitioner, despite the fact that it had listed otherPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011