- 11 - Petitioners have not established that the so-called "loans" were bona fide loans as opposed to income. Rather, the evidence indicates that petitioners attempted to use the trust to funnel the income earned from their window-washing business to themselves under the guise of loans. We conclude that the funds in issue constitute unreported income. Accordingly, we sustain respondent's determination of additional income in the amount of $15,000.6 The third issue for decision is whether petitioners are entitled to exclude from income $300 that they received from the Herkeios Group in 1991 as reimbursement for educational expenses. Petitioners purchased a home-study course on investments in real estate trust deeds, and they now argue that the $300 reimbursement received from the Herkeios Group is excludable from income. We disagree. Section 127(a)(1) provides that "Gross income of an employee does not include amounts paid or expenses incurred by the employer for educational assistance to the employee if the assistance is furnished pursuant to a program which is described in subsection (b)." Subsection (b)(1), in turn, defines an "educational assistance program" as a "separate written plan of 6The record indicates that respondent understated her computation of income. Par. 8 of the stipulation of facts incorrectly states that the Herkeios Group made an advance of $1,000 to petitioners in May 1991. The relevant exhibit lists the amount of the advance at $1,100.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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