- 23 - Weeden, either as a loan or as a contribution to capital, and paid the moneys to WAI in return for WAI's work on the CPI project. In this regard, we note that Mr. Whelpley's memorandum dated September 9, 1991, suggests that "WAI applied these amounts to reduce bills written to CPI by WAI." Mr. Whelpley also testified the he "conducted all of the business of CPI within Whelpley Associates." Thus, the record suggests the possibility that CPI retained WAI to do the work required under CPI's contract with Avant-Garde and applied Weeden's advances to pay WAI for that work. We also note that because WAI reported these funds as gross income on its 1987 return, petitioners must present cogent evidence to overcome this admission. See e.g., Estate of Hall v. Commissioner, 92 T.C. 312, 337-338 (1989). We find that petitioners have failed to meet this burden, and thus they have failed to prove that the amount of the advances is not includable in WAI's income in 1987, as determined by respondent. Petitioners' principal position is that, upon receipt of the cash payments from Weeden, WAI ceased to be a "small business corporation", as defined by section 1361(b)(1)(D), with the result that WAI's S corporation election auto- matically terminated as provided by section 1362(d)(2). As a result of the termination of WAI's S corporationPage: 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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