- 5 - $13,342 reported income from L&L and the $20,896 in L&L checks that petitioners deposited were loans. Petitioners have scant evidence to support their contentions. With respect to the $60,000 from LIC, petitioners offered incomplete loan documents, including a copy of a check from LIC payable to LCC and a promissory note in which payment terms were left blank. Petitioners' documents are insufficient to establish a bona fide loan. Petitioner testified that he did not make any payments to LIC and that he did not provide any security or collateral for the alleged loan. Petitioner, as an owner and officer of the company, had control in the decision of whether or not to enforce the alleged debt. He has failed to prove that the distribution of $60,000 to him was not his share of profits from LIC or compensation to him for services to LIC. Petitioners offered only uncorroborated testimony with respect to the L&L loans. Petitioner testified that the president of L&L often asked petitioner for a "personal loan of two, three hundred, four hundred dollars, and then I gave the money to him, and when he paid me back, he made a check of L&L Construction also on my name." Petitioner's explanation for the amounts received from L&L is not credible. The L&L checks that petitioner received were dated at regular intervals throughout 1988. Some were clearly payroll checks. Others, in the amounts of $500 or $1,000, were marked "Professional services." Petitioner testified that hePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011