- 30 - transactions (i.e., executing documentation to reflect the resale of the assets to SPC-SC and SPC-FL, arranging for the S corporations to pay them so that they could in turn pay SSI, and separately reporting items for income tax purposes at the corporate and individual level). They argue that the result would have been a wash and the entries would have offset each other. Furthermore, petitioners contend that, although no conveyancing documents were prepared to reflect the resale of the assets to SPC-SC and SPC-FL, the transactions were evidenced by journal entries on the books of the S corporations.24 Petitioners argue that none of the deficiencies of which respondent complains negates the form of these transactions, which has been stipulated. Petitioners rely on Old Colony Trust Co. v. Commissioner, 279 U.S. 716 (1929), for the proposition that payments made on behalf of or at the direction of a creditor to a third party are the same as payments to the creditor and repayment over by the creditor to the third party. In the same vein, petitioners contend that they reported no interest income and claimed no interest expense for amounts allegedly paid on their behalf by the S corporations to SSI and SCNB because such income and 24 SPC-SC and SPC-FL each recorded the transaction as a debit to assets and a credit to notes payable--seller.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011