- 20 - The Audit Reopened By letter dated November 21, 1989, the IRS reopened its audit of INI. Petitioner responded by submitting to the IRS a signed statement that purported to explain the events that led to his settlement with the Burke estate. This statement had several documents attached, including a letter from petitioner to Thorpe dated November 30, 1984. The letter sets out a purchase price of $37,500 for Burke's stock, and provides that bonuses in the amounts of $12,500 and $100,000 would be paid to Burke, for a total to the estate of $150,000. It gives petitioner credit for having already paid $6,382 against the $37,500 purchase price for the stock and calls for a $30,757 note, with interest at the rate of 14 percent and payments over a 2-year period. The letter states that petitioner and Burke had agreed to pay excess INI profits out in bonuses instead of allowing the profits to accumulate with the corporation. Page 2 of the letter also calls for Thorpe's signature to indicate agreement. Thorpe did not see the November 30, 1984, letter until sometime in 1986. Thorpe refused to sign the November 30, 1984, letter because the letter was dated 1984 and misrepresented the arrangement between petitioner and the estate. Petitioner told the IRS that the November 30, 1984, letter constituted the actual reformation of the buy-sell agreement. Petitioner admitted at trial that the November 30, 1984, letter is not the actual agreement.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011