- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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