- 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 taxPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011