Lee D. Froehlich - Page 30

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          these increases, petitioner received a salary of $180,000 in 1988           
          compared with $516,232.65 in 1987.  In spite of increased gross             
          profits for 1988 and 1989, petitioner's salary declined from                
          $180,000 in 1988 to $152,400 in 1989.  There is no indication               
          that there was any limitation on petitioner's ability to pay                
          himself a salary.  He was the sole owner and submitted a business           
          plan to American Honda.                                                     
               This salary pattern suggests that petitioner wanted to                 
          protect his equity interest.  We hold that petitioner expected              
          returns primarily from appreciation and earnings on his                     
          investment rather than in the form of salary from personal effort           
          or labor on his part.  United States v. Generes, 405 U.S. at 100-           
          101.  Accordingly, if the auto dealership were successful,                  
          petitioner's reward would be realized primarily through sale or             
          other disposition of his stock interest, rather than his salary.            
          Putoma Corp. v. Commissioner, 66 T.C. at 674.                               
               Accordingly, petitioner's dominant motive in paying amounts            
          pursuant to his guaranty of the floor plan loan was to protect              
          his investment in the dealership and, accordingly, the resulting            
          loss was capital in nature, deductible only as a nonbusiness bad            
          debt.                                                                       
          Accuracy-Related Penalty Under Section 6662(a)                              
               Respondent determined that petitioner was liable for the               
          accuracy-related penalty pursuant to section 6662(a).  Section              





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