- 17 - W&Y Payment We are satisfied that W&Y is a legitimate firm in the jewelry business. Respondent offered no evidence that the Renaissance payment to W&Y was not for legitimate corporate purchases. Nor did respondent offer evidence that the amounts paid to W&Y or the items purchased from W&Y came under petitioner's control. Respondent has not proven by clear and convincing evidence any underpayment of tax resulting from the W&Y payment. Payments to Ron Gelfman Respondent has also failed to prove an underpayment arising from the payments into the Ron Gelfman checking account at the Trust Co. There is no evidence, much less clear and convincing evidence, that these payments were for noncorporate purposes. Renaissance's corporate records contain receipts from Ron Gelfman Associates, showing the payments to be for business purchases. Respondent presented no contrary evidence that these were not actual Renaissance purchases. Respondent never showed that Renaissance did not receive value in exchange for the payments. The facts that the Social Security number on the Gelfman bank account was not in the Internal Revenue Service computer data base for the New York metropolitan area and that Ron Gelfman Associates is not known in the jewelry business may raise suspicions that someone diverted Renaissance funds for noncorporate purposes. These facts, however, without more, arePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011