William C. Beretta - Page 11

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            were incurred in defending suits from the restaurants' creditors.                           
            Respondent disallowed the claimed expenses for all 4 years.                                 
                  In addition, petitioner claimed medical expenses in the                               
            amount of $3,524 for amounts paid on behalf of his mother, Edith                            
            Beretta, in 1990.  Respondent determined that Edith Beretta was                             
            not a dependent of petitioner and accordingly denied petitioner's                           
            deduction for the claimed medical expenses.                                                 
                                               OPINION                                                  
            Issue 1.  Skimmed Proceeds                                                                  
                  Initially, we must decide whether petitioner's receipt of                             
            cash from the two restaurants constituted taxable income.  The                              
            accuracy of respondent's bank deposits analysis is not at issue                             
            because petitioner has conceded that he has received                                        
            approximately $103,000 in cash from the Salinas and Atascadero                              
            Peppertree Restaurants during the years at issue.                                           
                  Petitioner claims that the skimmed proceeds were repayment                            
            for amounts loaned to the two restaurants, and, therefore, the                              
            receipt of the cash constituted a nontaxable repayment of the                               
            loan principal.  In addition, Mr. Beretta contends that he                                  
            received no interest on the amounts lent.  Respondent contends                              
            that the transfers of funds to the restaurants were not loans and                           
            that petitioner's receipt of the skimmed proceeds constituted                               
            taxable income.  We agree with respondent.                                                  







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