Carl E. Jones and Elaine Y. Jones - Page 51

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            consolidated filing year, and INI reported a long-term capital                            
            gain of $165,073 from the sale.                                                           
            3  Capital gain income of $56,630 from the sale of the Westfair                           
            Townhouse No. 6 to Mrs. Jones; and other income of $1,219.                                
            4  Income from State tax refund.                                                          
                  Although INI reported that its business purpose is real                             
            estate development, it is clear from examining INI's returns that                         
            since 1990 its only activities have been settling tax                                     
            liabilities, disposing of business assets, and holding                                    
            petitioner's loans.  Furthermore, it has earned no gross                                  
            receipts, and its only income has been from the sale of its                               
            assets and the return of previously deducted taxes.  Moreover,                            
            the reported amount of petitioner's indebtedness to INI as well                           
            as its value relative to INI's other assets has remained very                             
            high.  In fact, petitioner's loan account is almost its only                              
            asset.  For instance, the reported value of the loans as a                                
            percentage of the total value of its assets was 94.06, 99.99,                             
            97.57, 97.38, 100, and 99.42 percent for fiscal years ending                              
            1990, 1991, 1992, 1993, 1994, and 1995, respectively.                                     
                  In deciding whether INI, Inc., intended to enforce repayment                        
            of the funds advanced petitioner, we need not decide whether INI,                         
            Inc., has gone out of business.  It is clear from the evidence                            
            that INI's purpose in remaining in existence is to wind up its                            
            affairs and retain petitioner's loans on its books of account.                            
            Upon consideration of all the facts and circumstances of this                             
            case, we do not find the fact that INI, Inc., retained                                    
            petitioner's loans on its books of account persuasive evidence                            
            that it intended to enforce repayment of the amounts it advanced                          



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