Willliam N. and Beth Ann Katsaros - Page 5




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          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 distributions              





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