- 22 - to assist CPI to develop the computer component and eventually to obtain an equity interest in CPI. He testified as follows: Very simply, I think we were advancing monies for the use of CPI to develop its product and we would eventually own part of CPI. That was our goal, was to own part of Communication Processors, Inc. That would be a product, the company developed a product and that's what we're interested in. Based upon Mr. Flaherty's testimony, we do not credit the statement contained in his letter of September 18, 1991, that Weeden made the subject advances "as loans, to Whelpley Associates, Inc. and yourself". We find that Weeden made the subject advances either as loans to CPI or contributions to CPI's capital. Weeden issued the checks to WAI, but it did so on behalf of CPI, and it did not intend the advances to be loans to WAI or contributions to WAI's capital. For the above reasons, we reject petitioners' position that WAI's income for 1987 should be reduced in the amount of $103,693, and, thus, we accept respondent's determination that the aggregate amount of Weeden's advances is includable in WAI's income in 1987. In reaching this result, we note that the record suggests that CPI constructively received the subject moneys fromPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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