Don A. Chan and Cecilia Chan - Page 13

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                  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 business                              




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