Frank Petar Contracting, Inc. - Page 2

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          and sole shareholder.1  Resolution of this issue turns on the               
          factual question of whether petitioner issued a promissory note             
          in payment of the bonus during the taxable year.  Unless                    
          otherwise indicated, section references are to the Internal                 
          Revenue Code in effect for the taxable year in issue; all Rule              
          references are to the Tax Court Rules of Practice and Procedure.            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulations of fact and attached exhibits are incorporated             
          by this reference.  Petitioner is a construction company                    
          incorporated in 1987 under the laws of the State of New York.  At           
          the time the petition was filed, petitioner maintained its                  
          principal place of business in Ballston Spa, New York.  Frank               
          Petar (Mr. Petar) has been petitioner’s sole shareholder,                   
          president, and one of two members of the board of directors since           
          the company’s incorporation.  His wife, Franka Petar                        
          (Mrs. Petar), is the other member of the board of directors and             
          the corporate secretary.  Thomas Cunniff (Mr. Cunniff) has at all           
          times served as petitioner’s accountant and tax return preparer.            
          For all relevant years, petitioner computed its income for book             


               1 The $38,164 deficiency for FYE 5/31/90 is entirely                   
          attributable to the disallowance of the bonus deduction.                    
          Respondent has allowed the deduction for the following taxable              
          year, as a result of which the deficiency is partly offset by an            
          overpayment for that year and, by reason of the carryback of a              
          net operating loss, by overpayments in 2 earlier years.                     




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