-14- indebtedness; $417,978 that Development owed to INI; and $61,057 that it owed to Towergate. Respondent also disallowed a $54,369 credit recorded for petitioner's payment of Development's indebtedness that petitioner did not substantiate8 and disallowed credits totaling $115,725 that were for petitioner's unverified deposits in the corporate account. Respondent determined that Development distributed $527,318 to petitioner, and that he paid a total of $301,900 into the corporation. Respondent applied the amounts paid to the corporation first to the beginning loan balance, which according to respondent's calculations was $36,173, and the remainder as an offset to the current year withdrawals, for a net distribution of $261,591. Respondent determined that the distributions made to petitioner in 1989 had exhausted Development's accumulated earnings and profits and also consumed petitioner's stock basis. Thus, respondent adjusted petitioners' 1990 income for capital gains in the amount of the net distribution made by Development in 1990, $261,591. Petitioner asserts, inter alia, that he assumed Development's indebtedness as represented in the loan account summary. 8 At trial, petitioner introduced a copy of a check signed by Mrs. Jones made to Cobb Commercial Bank for $54,369. Respondent concedes on brief that the amount of the check will be allowed as a credit for 1990. See supra note 1.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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