- 11 -- 11 - of embezzlement. The taxpayer's assertion is that the loan amounts outstanding are due to the corporation and not to him personally and therefore is not including the balance due of $318,000 in his taxable income. On his income tax return for 1991, petitioner attached a disclosure statement which said: 2. The taxpayer made unauthorized loans from Activewear, Inc. in the amount of $958,880 less repayments of $832,786 = $126,094 balance due. The corporation is pursuing the taxpayer with charges of embezzlement. The taxpayer's assertion is that the loan amounts outstanding are due to the corporation and not to him personally and therefore he is not including the balance due of $126,094 in taxable income. Respondent determined that the $318,000 in 1990 and $126,094 in 1991 was income to petitioner. Respondent also determined that petitioner filed his 1990 income tax return late. OPINION A. Positions of the Parties Respondent contends that petitioner misappropriated funds by writing unauthorized checks from Activewear to Jackson's corporations in 1990 and 1991. Alternatively, respondent contends that the unpaid balances were constructive dividends paid by Activewear to petitioner. Thus, respondent contends that the unpaid loan balances of $318,000 in 1990 and $126,094 in 1991 to Jackson's corporations are income to petitioner. Respondent also contends that the security interests Jackson gave to petitioner for the Activewear loans were income to petitioner. Petitioner contends that the unpaid amounts were not income to him because the transfers were bona fide business loans fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011