-4- for Delivery through 1989. All such returns for periods bearing on this case were executed by one or the other of petitioners in their capacities as corporate officers. Delivery was a union company. After a bout of trouble with the Teamsters, Delivery was phased out in favor of a new nonunion company named Land Air Express, Inc. (all the stock of which is owned by petitioners), which today operates the business formerly conducted by Delivery. Delivery underwent a reorganization in 1990 and filed its corporate income tax return for that year under its new name, KTM, Inc. Shareholder Loan Accounts From time to time, commencing at dates prior to 1976, petitioner made withdrawals from Delivery. Some of the withdrawals were recorded as shareholder loans, advances, or investments. None was included in petitioners' income. In 1979, Delivery's stockholders adopted a resolution ratifying all existing loans, advances, and investments and authorized the corporation to continue such transactions. As part of the resolution, petitioner agreed to repay the amounts on demand. In 1982, petitioner sold his interest in a waste management company for $800,000. He did not use any of the proceeds to repay his withdrawals from Delivery. In September 1984, petitioner was advised by his accountant,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011