- 5 - and other residents, the overall appearance of the neighborhood was that of a residential community. The record does not establish how much rent petitioner (and/or No. 2) actually paid the Berrys for leasing the property.1 The firm of A & F Bookkeepers (A & F) prepared the corporate tax returns of petitioner and No. 2 for the years at issue. Petitioner provided A & F with check stubs, bank statements, and other paperwork in order for it to perform these functions. The owner of A & F, Bill Anderson, held himself out as a public accountant. No representative of A & F appeared or testified at the trial or provided any other evidence. Petitioner filed Federal corporate income tax returns for its taxable years ending July 31, 1989, and July 31, 1990, reporting the following: Item FYE 7-31-89 FYE 7-31-90 Gross Receipts $614,178 $513,413 Costs of Sales (210,441) (85,457) Interest Income 1,335 1,750 Other Deductions (67,269) (80,552) Rental Expense (15,600) (14,979) Depreciation (16,851) (18,399) 1 As an attachment to respondent's trial memorandum, there is a "Schedule of Rent Paid to Shareholder". That schedule was never authenticated or offered into evidence and thus is not part of the evidentiary record of this case. There is no evidence in the record to support the ex parte statements contained in that schedule or in respondent's post-trial brief. However, the Court deems respondent to have conceded that petitioner and No. 2 paid the Berrys at least the amounts of rental expense allowed by respondent in the notice of deficiency, $8,400 and $8,979 for FYE 7-31-89 and FYE 7-31-90, respectively.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011