Paul A. Rendina and Janet Mae Rendina - Page 9

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               The loans to the Posas and Navars, in the principal amounts            
          of $15,000 and $10,000, respectively, have been paid.  As of the            
          date of filing of the petition, the Fosses still held a note                
          issued by Canterbury on which they were receiving interest                  
          payments.                                                                   
               As a result of the earlier lawsuit, WSAI turned its books              
          and records over to the South Wood Estates Condominium                      
          Association.  Petitioner has not recovered the books and records            
          of WSAI from the Association.                                               
          Corporation tax and transferee issues                                       
               On or around March 1, 1994, respondent sent petitioner, as             
          transferee of WSAI, a 30-day letter, with a report of income tax            
          examination and explanation of items, asserting for the taxable             
          year 1988 that WSAI had taxable income of $272,320, resulting               
          from gross receipts of $1,068,000 from the sale of the South Wood           
          condominium units,8 based on the retail sales prices as                     
          determined by the transfer taxes paid, less costs and expenses of           
          $795,680.9  The report took the position that WSAI owed 1988 U.S.           

          8Respondent excluded the two units transferred to petitioner                
          from the calculation of gross receipts.                                     
          9Respondent relied on the Cohan rule to provide what                        
          respondent regarded as a reasonable allowance for costs and other           
          expenses in lieu of substantiating documents.  See Cohan v.                 
          Commissioner, 39 F.2d 540 (2d Cir. 1930).  Respondent arrived at            
          the $795,680 figure for costs and expenses by allowing $715,000             
          of construction loan proceeds (cf. our findings supra p. 3),                
          $70,000 as the cost of the land, and $10,680 as expenses of the             
                                                             (continued...)           




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