Carl E. Jones and Elaine Y. Jones - Page 23

                                                -23-                                                  
                  Petitioners' reliance on Epps and Stovall as authority for                          
            the method of calculating the amount of the annual distributions                          
            is well placed.  However, petitioners' interpretation of the                              
            holdings in these cases is erroneous.  Federal income tax is                              
            computed on the basis of an annual accounting.  Sec. 441; Burnet                          
            v. Sanford & Brooks Co., 282 U.S. 359 (1931).  Consistent with                            
            annual accounting, Epps and Stovall hold that the distributed                             
            amount is the net amount distributed each year, not the net                               
            amount distributed over multiple years.  See also Leaf v.                                 
            Commissioner, 33 T.C. 1093, 1096 (1960) (repayment in later year                          
            had no effect on the taxpayer's control over the funds in year at                         
            issue), affd. 295 F.2d 503 (6th Cir. 1961).                                               
                  Thus, the amount distributed by Development to petitioner is                        
            the excess of the total amount he withdrew during each year less                          
            the amount he paid to the corporation during the same year.16                             
                  Accordingly, we find that in 1989, 1990, and 1991 the amount                        
            that petitioner paid to the corporation in any year in excess of                          
            the amount that he withdrew in that year is a contribution to                             
            capital, and the amount that he withdrew in any year in excess of                         
            the amount that he repaid in that year is taxable to petitioner                           
            in accordance with section 1368.  A Rule 155 calculation, made in                         



            16                                                                                        
                  Consistent with this calculation, the amount paid to the                            
            corporation in excess of the amount withdrawn in any year is a                            
            contribution to capital.  See Stovall v. Commissioner, T.C. Memo.                         
            1983-450, affd. 762 F.2d 891 (11th Cir. 1985).                                            



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