- 63 - the balance in the account, disclosed the account on YOC's books and records, and after the criminal tax investigation was initiated, began to pay interest on the account. With regard to the Capriole and the Sea Ray Boat, we conclude that adjustments relating thereto are attributable to fraud. The Capriole and the Sea Ray Boat effectively constituted Elvin's personal assets, and YOC held mere nominal legal title thereto. Elvin used the Capriole and the Sea Ray Boat exclusively for personal use. All of the expenses incurred by YOC for the Capriole and the Sea Ray Boat related to Elvin's personal use. Elvin created false documentation to make it appear as if YOC received the Capriole in trade for a new automobile. The adjustments relating to the motor home are not attributable to fraud. The motor home was received by YOC in trade on a new automobile in a valid business transaction. YOC owned the motor home. There is evidence in the record that the motor home was used some of the time for business purposes. The adjustments relating to the Sylva Residence are not attributable to fraud. Petitioners presented some evidence to the effect that the $65,000 transferred by YOC to purchase the Sylva Residence represented a loan to NRDC instead of a constructive dividend to Elvin. Essentially, simultaneously with the transfer of the $65,000, a $50,000 repayment was made byPage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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