- 14 - Sometime prior to September 29, 1988, Mr. Jordan, H.T. Jordan, and Mr. McGuire decided to withdraw from Wholesale Fuels. Mr. Petty thereafter repaid Mr. Jordan the $50,000 he had contributed to the corporation. The record does not disclose whether Mr. McGuire or H.T. Jordan had contributed any capital to the corporation, or whether they were repaid for any such contribution. On September 29, 1988, petitioner prepared, but did not send, a letter to the Internal Revenue Service stating that he was the sole shareholder of Wholesale Fuels, that Mr. Jordan, H.T. Jordan, and Mr. McGuire were no longer shareholders, and that the corporation was electing "small business corporation" status under subchapter S of the Internal Revenue Code. Wholesale Fuels never conducted any business activity and never filed a Federal income tax return. However, the company did maintain its checking account at Founders Bank. Mr. Petty periodically used the funds in this account to pay expenses incurred on behalf of H&B. On July 21, 1988, petitioner signed check No. 1196 drawn on H&B's First Interstate account and made payable to Wholesale Fuels, Inc., in the amount of $6,000. Neither the check nor H&B's pegboard ledger bears any notation of the purpose for thisPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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