- 6 - These amounts differ slightly from the amounts determined in the statutory notices of deficiency. The amounts listed as paid by the corporation to or on behalf of Michael include amounts paid by it to or on behalf of Bonnie, James, and Adam and to or on behalf of Jody and David for the taxable years during which Jody and David were not shareholders. We have considered and reject petitioners' arguments that portions of these amounts constitute loans from the corporation to the shareholders and/or family members. No loan documents or other records showing the existence or amounts of the alleged loans were presented at trial, and the corporation's Forms 1120S for 1992, 1993, and 1994 do not show any loans on the Schedules L (balance sheets). Accordingly, the amounts listed above shall be used in the Rule 155 computation. Michael ceased to operate in the corporate form and resumed designing and building homes as a sole proprietor shortly after respondent's examination of petitioners' and the corporation's tax returns for 1992, 1993, and 1994. The first issue for decision is whether any portions of the amounts paid to or on behalf of Michael and Jody constitute employee wages. Respondent's determinations in the statutory notices of deficiency are presumed to be correct, and petitioners bear the burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011