- 11 - The Atkinsons’ individual tax return for the 1985 calendar year includes two Forms W-2 for Atkinson. The Forms W-2 reflect $559,441 in compensation earned from petitioner. For the 1986 calendar year, the Atkinsons’ individual tax return contains one Form W-2 for Atkinson from petitioner in the amount of $561,506.38. The Forms W-2 from petitioner do not reflect as compensation any of the construction expenses. Petitioner’s $69,000 Payment for Lumber In early 1986, during the preparation of petitioner’s corporate tax return for the taxable year ending March 31, 1986, Dunkin’s staff questioned the propriety of deducting a $69,000 payment to the Tahoe Lumber Co. for lumber.6 During a subsequent meeting with Atkinson, Dunkin discussed the $69,000 payment with Atkinson. Atkinson dismissed Dunkin’s concerns and instructed Dunkin to treat the $69,000 payment as a deduction on petitioner’s corporate tax return. Around the time that Dunkin questioned the $69,000 deduction, Atkinson began negotiating with Victor Ameye, the chief executive officer of Neoax Corp., for the sale of Atkinson’s 100-percent interest in petitioner to Neoax Corp. During the negotiations, Ameye addressed the $69,000 payment. Ameye expressed concern about the use of corporate funds for the 6 The parties stipulate that the payment for the lumber amounted to “approximately $70,000". The record indicates that the payment was closer to $69,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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