Yarbrough Oldsmobile Cadillac, Inc. - Page 14

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               As a result of the above transaction, Elvin, in 1986, as               
          controlling shareholder of YOC, effectively withdrew $325,939               
          from YOC and, as a 50-percent shareholder of NRDC, made a capital           
          contribution of that amount to NRDC to enable NRDC, along with              
          Koons' matching contribution of approximately $325,939, to                  
          purchase the above-referred-to real property.                               
              On audit, respondent determined that for each year in issue            
          the yearend net increase over the prior year in the debit balance           
          of the YOC-Elvin Account represented a constructive dividend to             
          Elvin.  The net increases for 1983, 1984, 1985, and 1986, treated           
          by respondent as constructive dividends to Elvin (limited by                
          YOC's annual earnings and profits), were $137,673, $17,510,                 
          $64,825, and $180,906, respectively.                                        

          The Yacht Capriole                                                          
               On or about August 6, 1984, a used 60-foot motor yacht named           
          the Capriole was purchased from David M. Ponce (Ponce) for                  
          $80,000 in cash.  Elvin created a false invoice reflecting that             
          Ponce traded in the Capriole to YOC in exchange for a 1983                  
          Oldsmobile Firenza with a stated value of $5,500.  Elvin, using             
          YOC's funds, made a cash downpayment to Ponce of $5,000, and then           
          applied to Barnett Bank of St. John's County (Barnett Bank) for             
          an $80,000 loan, nominally on behalf of YOC, to provide the                 
          remaining funds for purchase of the yacht.  With regard to the              
          $80,000 loan application, on September 27, 1984, Elvin signed a             





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