- 13 - Individual petitioners contend that Shin lent the deposited amounts to its shareholders. Once Shin was repaid, it used the money to pay farmers and workers in cash. Shin does not have receipts for these payments. We do not accept petitioners' elaborate explanation of Shin's lending practices. Rather, we find that petitioner husband controlled both Shin and Eastimpex and used the alleged payments to Shin as a way to give money to his mother. Lily received substantial distributions from the accounts and held the account passbooks although she owned a very small percentage of Shin. There is no evidence that Lily repaid Shin for these alleged loans or that Shin made withdrawals for business purposes from the Coast and First Pacific accounts. These factors indicate that the subject accounts were created for the personal purposes of individual petitioners and not created for business purposes of Shin. The admittedly deceptive recordkeeping was used in part to benefit individual petitioners. Respondent determined that the deposited amounts were not paid to Shin for the purchase of goods and thus disallowed their treatment by Eastimpex as the cost of goods sold. Respondent further determined that the deposited amounts constituted constructive dividends from Eastimpex to individual petitioners. Cost of Goods Sold The first issue we consider is whether Eastimpex is entitled to treat the deposited amounts as part of its cost of goods sold. The cost of goods purchased for resale in a taxpayer's businessPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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