- 5 - intent has been demonstrated is a factual question to be decided on the basis of the particular facts and circumstances of the case. Id.; Electric & Neon, Inc. v. Commissioner, supra at 1340. Before November 1, 1991, petitioner was entitled to a monthly salary from HIEI. According to petitioner, in lieu of this salary, the corporation agreed to provide him with enough money to cover his living expenses. From January to May 1992, the corporation distributed on average approximately $3,350 per month to petitioner. From May to September 1992, the corporation distributed approximately $2,738 per month to petitioner. While receiving these payments, petitioner continued to perform the same professional services for the corporation as he had before November 1, 1991. Petitioner used the money to sustain himself and his family until the corporation recovered financially. If ever the corporation reached stable financial ground, petitioner testified that he expected HIEI to fulfill its salary obligation to him and collect repayment of the "loans". Petitioner knew, however, that HIEI was financially insecure. In fact, the corporation was insolvent at the time the distributions were made. Some of the distributions, $10,950, were made after the corporation had terminated its operations. It seems apparent, therefore, that whether HIEI would ever regain financial stability sufficient to resume paying petitioner's salary was questionable at best. Thus, when the distributionsPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011