- 30 - 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). SectionPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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