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