Carl E. Jones and Elaine Y. Jones - Page 50

                                                -50-                                                  
            $983,104; the ending balance was $987,027.  The total asset value                         
            was composed of the following assets, and their reported                                  
            beginning and ending values:  Cash, $886 and $439; other current                          
            assets, $414,701 and $11,374; loans to shareholders, $483,144 and                         
            $928,420; real estate loans, $70,511 and $46,794; and buildings                           
            and other depreciable assets, $13,847 and zero.                                           
                  The gross receipts and ending balances in the accounts in                           
            the fiscal years ending September 30, 1991 through 1995, are as                           
            follows:                                                                                  
                                       1991       1992       1993       1994      1995                
            Gross Receipts              -0-        -0-        -0-       -0-        -0-                
            Other income             3$57,849      -0-     4$481      $165,073  4$1,515               
            Total assets             $981,329   $977,744   $970,932 $945,531 $918,583                 
            Cash                     $127          -0-        -0-       -0-        -0-                
            Other current assets 1      -0-        -0-     $1,683       -0-     $5,302                
            Real estate loans           -0-        -0-        -0-       -0-        -0-                
            Other investments 2         -0-     $23,718    $23,718      -0-        -0-                
            Loans to shareholder     $981,202   $954,026   $945,531 $945,531 $913,281                 
            Shareholder loan           99.99      97.57      97.38     100.00     99.42               
            account percentage                                                                        
            1  Asset account for tax refunds receivable.                                              
            2  The "other investments" account reflected petitioner's                                 
            contribution of the one-half interest in the lot on Spalding                              
            Drive to INI that the corporation had earlier distributed to                              
            petitioners, and that had been recorded as a $23,718 increase to                          
            the loan account.  Petitioner agreed to contribute this property                          
            to INI after a meeting with respondent's agent, Carolyn Hill,                             
            about a tax liability from a prior year in which Spalding and INI                         
            filed a consolidated return.  Petitioner treated the contribution                         
            as a $23,718 loan payment.  We have found that the earlier                                
            distribution of the property to petitioner was not a loan.                                
            Consistent with that finding, we hold that petitioner's return of                         
            the property to the corporation was a contribution to capital.                            
            The lot was sold in 1994 to pay the tax liability from the                                




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