- 4 - (Neal) each owned 50 percent of Simco’s stock. Neal was president of Simco, and John was vice president. The issues in these cases revolve around the proceeds from John’s sale of scrap metal. In August or September of 1989, John began selling scrap metal that belonged to Simco and retaining the proceeds from the sales. At the time, John had a problem with alcohol abuse. The sales continued through the years in issue. Neal did not become aware of the scrap metal sales until August of 1992. The scrap metal sales proceeds were not reported on either Simco’s or John’s tax returns for the years in issue as originally filed. However, both Simco and John filed amended returns for such years in September 1992, on which a substantial portion of the proceeds was reported. The Scrap Metal Sales Prior to 1989, there were no sales of Simco scrap metal. Although Simco generated scrap metal from its operations, the scrap was treated as refuse because the company did not have the space to sort and store it. In August or September of 1989, John first arranged sales of Simco’s scrap metal. This was shortly after Simco began using an additional building, which was known as the Prospect building, giving John the ability to sort andPage: 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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