Timothy L. and Jane Williams - Page 6

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               SPS was organized on December 31, 1991.  Its opening balance            
          sheet as of that date shows current assets of $23,509, consisting            
          of $5,000 in cash and $18,509 in accounts receivable.  Deposit               
          slips show three separate deposits in the total amount of $5,000             
          were made into SPS’s account at NCNB National Bank during                    
          December 1991.  Two of these deposits are traceable to a check               
          for $3,000 drawn on WIS’s account.  Transfer of the accounts                 
          receivable reflected on SPS’s opening balance sheet is                       
          substantially confirmed by payments made to SPS on these accounts            
          in the total amount of $17,911 in January and February 1992.  The            
          parties have stipulated that WIS transferred additional accounts             
          receivable to SPS in 1992.  These receivables represent work for             
          which WIS issued invoices during January 1992.  Although the                 
          stipulated amount of the receivables transferred in 1992 is                  
          $8,141, comparison of the invoices evidencing these additional               


               3(...continued)                                                         
          petition is voidable unless authorized by the bankruptcy court or            
          by some provision of the Bankruptcy Code.  11 U.S.C. sec. 549                
          (1988).  Any plan for the rehabilitation of the debtor must be               
          submitted to the creditors for approval and confirmed by the                 
          bankruptcy court.  11 U.S.C. secs. 1125, 1126, 1128, 1129 (1988).            
          It is not entirely clear from petitioner’s testimony what would              
          have persuaded the bankruptcy court and WIS’s creditors that                 
          WIS’s transfer of property to another corporation partly owned by            
          its  sole shareholder served the creditors’ interests.  However,             
          inasmuch as respondent did not challenge the plausibility of                 
          petitioner’s account of the business reincorporation transaction             
          on this ground, there is no evidence contradicting his account,              
          and the tax consequences of his account are not necessarily more             
          favorable to him than other conceivable explanations of the few              
          facts relating to the transaction for which documentation exists,            
          we accept petitioner’s account.                                              



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