Yarbrough Oldsmobile Cadillac, Inc. - Page 41

                                       - 41 -                                         
          interest in this real property, which was purchased in the name             
          of NRDC.  Elvin and Koons were the sole shareholders of NRDC.  We           
          do not find it particularly significant that in 1987 YOC's                  
          outside accounting firm transferred the $325,939 debit from the             
          YOC-Elvin Account to an account receivable due from NRDC in that            
          amount.                                                                     
               There is no credible evidence that the $325,939 debited in             
          1986 to the YOC-Elvin Account was intended to be a loan to NRDC.            
          Petitioners did not introduce into evidence any books and records           
          of NRDC supporting their argument that the $325,939 was intended            
          to be a loan to NRDC, and there was no explanation at trial as to           
          why the records of NRDC were not produced at trial.  Further,               
          there is no indication in YOC's books and records indicating that           
          NRDC made any repayments to YOC of the $325,939.                            
               We conclude that the $325,939 that YOC provided for purchase           
          of the real property should be treated as a constructive dividend           
          to Elvin, followed by a $325,939 contribution by Elvin to the               
          capital of NRDC.  See Sammons v. Commissioner, 472 F.2d 449 (5th            
          Cir. 1972).                                                                 
               Many of the credits or repayments reflected in the YOC-Elvin           
          Account related to YOC's declaration of salary adjustments or               
          bonuses to Elvin.  These credits are not entitled to significant            
          weight in our consideration of how to treat the annual net                  
          increase in the YOC-Elvin Account.  See Epps v. Commissioner,               






Page:  Previous  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  Next

Last modified: May 25, 2011