- 11 - 1993 and for prior years' efforts yet uncompensated". One day before, Mr. Ashare had received and deposited petitioner's check in the amount of $1,061,971. The board also resolved on December 31, 1993, that petitioner's officers are "authorized, empowered and directed, for and on behalf of the Corporation, to execute a Promissory Note in favor of the sole Shareholder in the principal amount of Eight Hundred Sixteen Thousand Seven Hundred Fifty-Six and no/100 ($816,756.00) Dollars". Petitioner issued the referenced note to Mr. Ashare on the same day. The board also resolved on December 31, 1993, that $100,000 of the $916,756 that Mr. Ashare lent petitioner during the year "shall be duly reflected" on petitioner's books as a contribution to capital. Petitioner's December 31, 1993, balance sheet does not reflect any of the lent amount as a capital contribution, and Mr. Bess does not understand Mr. Ashare to have transferred the $100,000 to petitioner as a capital contribution. Respondent began auditing petitioner's 1993 taxable year in or about December 1994, and the case was assigned to a revenue agent who had not been involved in the audit of petitioner's 1990 through 1992 taxable years. The agent examined petitioner's 1993 tax return and requested and received correspondence from petitioner's representative, David Lieberman. The agent had no direct contact with either Mr. Ashare or any of petitioner's other officers or employees.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011