Herbert C. Elliot - Page 5

                                        - 5 -                                         
          settle his liability on the Loan for $12,000.  Petitioner paid              
          the $12,000 to the SBA in October 1991 in complete satisfaction             
          of his liability on the Loan.                                               
               In the same month, petitioner paid $5,000 to Fidelity &                
          Deposit Co. of Maryland (F&D), a company that wrote contract                
          surety bonds on behalf of EPC, to satisfy his liability to F&D.             
          On or about December 9, 1982, petitioner had agreed to indemnify            
          F&D for any surety bonds that it wrote on behalf of EPC, and F&D            
          had paid $5,000 in 1991 to complete a job which EPC had been                
          required, but failed, to complete.  Petitioner had agreed to                
          indemnify F&D so that EPC could secure larger jobs. Petitioner              
          deducted his $5,000 payment to F&D on his 1991 return as a                  
          business bad debt.  In the notice of deficiency, respondent                 
          reflected his determination that the payment was deductible as a            
          nonbusiness bad debt and that petitioner was allowed $3,000 of              
          this deduction in 1991 and $2,000 in 1992.                                  
               EPC had unpaid payroll tax liabilities (reportable on                  
          Form 941, Employer's Quarterly Federal Tax Return) for the fourth           
          quarter of 1983, the first and fourth quarters of 1984, and the             
          first quarter of 1985.  On July 14, 1986, the Commissioner                  
          assessed against petitioner the trust fund portions of those                
          liabilities under the authority of section 6672.  The assessed              
          amount equaled $107,006.  Eight months later, the Commissioner              
          assessed against petitioner a trust fund recovery penalty under             
          the authority of section 6672 with respect to payroll tax                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011