- 17 - III. American Valmar Additional Deductions As stated, respondent increased American Valmar’s gross income for the years in issue by the excess of the American Valmar deposits received during a year over purchases made and commissions earned during such year. Respondent disallowed certain of American Valmar’s claims of purchases made on behalf of customers as follows: $338,793, $104,894, and $449,828 for 1991, 1992, and 1993, respectively. Respondent has conceded $47,500 of the purchases disallowed for 1991 and $50,000 of the purchases disallowed for 1993, leaving at issue $291,293, $104,894, and $399,828 for 1991, 1992, and 1993, respectively. Although petitioners claim on brief that additional amounts of purchases were conceded by respondent, they have failed to prove any additional concessions. Apparently believing that all other disallowed purchases have been conceded, petitioners address only $361,500 of the remaining 1993 disallowance of $399,828. Petitioners first claim that $337,000 of funds attributable to Interrosa was disbursed during American Valmar’s 1993 taxable year to a Manufacturer’s Hanover bank account in the name of Anatoli Seregin, an officer of Interrosa. The parties have stipulated transfers in that amount during that year to that bank in that name (the transfer). In evidence is correspondence purporting to be from Interrosa and authorizing American Valmar to open an account in the name of Anatoli Seregin. Respondent offers nothing to rebut petitioners’ proposed finding that thePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011