Peter J. Bresson - Page 17

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          February 28, 1991, there were only two items listed as assets               
          existing as of the end of the tax year:  $264 in cash and $192,3087         
          as "other current assets" which was identified as "note receivable-         
          -P. Bresson".  When asked about this receivable, petitioner                 
          testified:  "I really don't know what that is." In petitioner's             
          initial brief, petitioner treats the purported receivable as                
          "consideration from Bresson back to the corporation for whatever            
          Bresson received, whether it be the property or whether it be the           
          proceeds of sale."                                                          
               Schedule L also reflects that Jaussaud Enterprises had current         
          liabilities as of February 28, 1991, in the amount of $67,450               
          ($49,683 as Federal tax payable and $17,767 as State tax payable)           
          and retained earnings of $125,122.                                          
               We believe the purported $192,308 receivable was merely                
          bookkeeping legerdemain.  The purported receivable was created by           
          Mr. Canny, petitioner's accountant, long after the transfer of the          
          Alhambra property and without petitioner's knowledge of its                 
          existence or import.  Accordingly, we find the purported $192,308           
          receivable was not an asset of the corporation.  Thus, the only             
          asset remaining after the transfer of the Alhambra property ($264           
          in cash) was insufficient for the corporation to pay its debts.             
          Consequently, we hold that respondent has established that the              


               7    Apparently, the $125,000 note executed on Aug. 1, 1993,           
          was intended to replace this $192,308 purported receivable.                 




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