- 24 - that respondent's computation of the assets and depreciation transferred to JKY was in error. Finally, petitioners argue that JKY assumed certain payroll taxes that should reduce petitioners' capital account balance for each of the years in issue. Caufield testified that JKY assumed various payroll tax liabilities as part of the section 351 transfer. These payroll taxes were included on Caufield's "S Corporation 351 Transfer". Respondent determined that JKY did not assume these liabilities. By Caufield's own admission at trial, the "S Corporation 351 Transfer" represented his initial computation. Petitioners have not provided any evidence, through Yoon's testimony or canceled checks, of JKY's assumption or payment of these payroll tax liabilities. Respondent's determination that JKY did not assume various payroll tax liabilities will be sustained. 3. Personal Living Expenses Petitioners argue that their personal living expenses for 1989 were less than those calculated by respondent. Petitioners claim that certain expenditures, mainly life insurance payments and income tax payments, were incurred in 1990 and not in 1989. This, petitioners claim, would make a difference because respondent used a discounted 1990 figure to determine petitioners' 1989 personal living expenses. If only the recurring items of expense were included for both years beforePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011