- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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