Law Offices--Richard Ashare, P.C. - Page 16




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          Commissioner, 406 F.2d 706, 710 (5th Cir. 1969) (the term "books            
          of account" as used in section 7605(b) is limited to the                    
          taxpayer's books and records), affg. 50 T.C. 186 (1968); Geurkink           
          v. United States, 354 F.2d 629, 631 (7th Cir. 1965) (same);                 
          Estate of Adams v. Commissioner, T.C. Memo. 1967-221 (same), and            
          the cases cited therein.                                                    
               Nor does the record support petitioner's proposed finding              
          that the Commissioner needed its 1993 board resolutions to learn            
          that Mr. Ashare had made a large loan to petitioner during 1993,            
          or, more importantly, to determine that petitioner could not                
          deduct the amount of compensation reportedly paid to Mr. Ashare             
          during that year.  Before commencing his examination of                     
          petitioner's 1993 taxable year, respondent had petitioner's 1993            
          corporate income tax return, which stated explicitly that:  (1)             
          Petitioner was deducting $1,750,000 in compensation paid to its             
          sole shareholder, Mr. Ashare, (2) the $1,750,000 deduction was              
          generating a $1,857,933 taxable loss for 1993, (3) petitioner               
          owed Mr. Ashare $916,756 on December 31, 1993, and that he had              
          lent at least $907,956 of that amount to petitioner during 1993,            
          (4) petitioner had a reported retained earnings deficit of                  
          $89,855 at December 31, 1993, and (5) petitioner had liquidated             
          most of its assets in 1993.  Respondent also was privy to the               
          fact that petitioner had used almost all of its 1993 reported               
          loss to claim a $581,812 refund for taxes paid for 1990 and that,           





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