William L. McCurley and Victoria J. McCurley, et al. - Page 7

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          amount of the funds received.  During the years in issue, SDI               
          advanced a total of $275,661 to Mr. McCurley and $138,596 to Mr.            
          Hall.  SDI did not demand repayment of, and Messrs. McCurley and            
          Hall did not repay, any of the advances.                                    
               During the years in issue, the McCurleys and Halls filed               
          joint Federal income tax returns.  On those returns, they did not           
          report their advances from SDI as income.  For each of the years            
          in issue, certified public accountants prepared the McCurleys'              
          and Halls' tax returns.                                                     
               Respondent issued notices of deficiency to the McCurleys               
          relating to their 1988, 1989, 1990, 1991, and 1992 returns.                 
          Respondent also issued a notice of deficiency to the Halls                  
          relating to their 1989, 1990, and 1991 returns.  Respondent                 
          determined that Messrs. McCurley and Hall had income equal to the           
          amounts SDI advanced to them.  In the alternative, respondent               
          determined that 75 percent of the annual increases in Messrs.               
          McCurley's and Hall's redemption accounts was taxable to them as            
          income constructively received.  For the McCurleys' 1992 tax                
          year, respondent determined a deficiency based solely on the                
          constructive receipt theory.  Respondent concedes that if we                
          conclude petitioners received income when advances were made to             
          them, there will be no deficiency in the McCurleys' 1992 income             
          tax.  Respondent also determined an addition to tax and accuracy-           
          related penalties.                                                          
                                       OPINION                                        




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