Yarbrough Oldsmobile Cadillac, Inc. - Page 63

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          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 by                






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