Yarbrough Oldsmobile Cadillac, Inc. - Page 18

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          Boat.  For 1983, 1984, and 1985, YOC did not claim depreciation             
          deductions relating to the Sea Ray Boat.                                    
               On audit, respondent disallowed the expenses claimed by YOC            
          for 1983, 1984, and 1985 relating to the Sea Ray Boat in the                
          respective amounts of $2,077, $3,837, and $1,228.  Respondent               
          also determined that these amounts represented constructive                 
          dividends to Elvin, and respondent determined that the $1,155               
          paid in 1983 that was not claimed by YOC as a business expense              
          represented a constructive dividend to Elvin.                               

          The Motor Home                                                              
               On October 11, 1983, one of YOC's customers traded in a                
          motor home on the purchase of a new automobile.  The motor home             
          was then listed on YOC's books and records as an asset and was              
          included in YOC's used car inventory at a cost of $10,000.  Elvin           
          used the motor home for his personal use, and he instructed YOC's           
          sales staff not to sell the motor home.  It is not clear from the           
          record whether YOC claimed depreciation deductions relating to              
          the motor home.                                                             
               During 1983 and 1984, Elvin, for his personal use and                  
          benefit, had repairs and improvements made to the motor home at a           
          cost of $10,697 and $16,802, respectively.  These repairs and               
          improvements were paid for by YOC.  Of the $16,802 paid for                 








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