John M. and Rita K. Monahan - Page 14

                                       - 14 -                                         
          payments are taxable to petitioners, respondent asserts that, in            
          1991, petitioner controlled Aldergrove partnership matters and              
          that petitioner benefited from and controlled the funds in the              
          Aldergrove account.  Respondent relies on Monahan I and the                 
          doctrine of issue preclusion to establish those underlying facts.           
               In Monahan I, this Court considered the Commissioner's                 
          determination of deficiencies in and additions to petitioners'              
          Federal income tax for 1984, 1985, 1986, 1987, and 1988.  This              
          Court, among other things, found that petitioner's purported                
          repayment of his negative capital account in a partnership, Span            
          Services, lacked economic substance and that petitioner, thus,              
          recognized gain on the termination of his interest in that                  
          partnership.  In rejecting petitioner's assertion that he had an            
          obligation to repay Aldergrove for its payment of an obligation             
          incurred to repay the negative capital account, this Court                  
          stated:                                                                     
                    Petitioners contend that petitioner then had an                   
               obligation to “contribute” to or repay Aldergrove as a                 
               result of its satisfaction of the joint $400,000                       
               obligation.  However, there was no written agreement                   
               regarding such an obligation.  Petitioner's purported                  
               payments to Aldergrove on that “obligation” also lacked                
               economic substance or remained in petitioner's control                 
               by virtue of his control over Aldergrove.  Petitioner's                
               first payment was made 2 years later, on February 25,                  
               1988, when he transferred $125,000 to an Aldergrove                    
               account over which he had signature authority.  On the                 
               same day, pursuant to petitioner's instructions                        
               Aldergrove transferred $110,200 to Hansa Finance and                   
               Trust, B.V. (Hansa Finance), an entity wholly owned and                







Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011