- 17 - Mr. Collins testified that he did not ask either Mr. Bacon or Mrs. Bacon whether the $319,109 entry on the June 30, 1989, balance sheet was a loan payable to Mrs. Bacon. Furthermore, Mr. Collins testified that he did not see any documents that would indicate that the corporation owed Mrs. Bacon $319,109.18 Petitioners did not provide corporate minutes, loan documents, promissory notes, mortgage documents, or other documents that would substantiate their assertion. Mr. O’Malley, petitioners’new C.P.A., testified that he does not know how Mr. Collins arrived at the loan payable figures that appeared on Radtam’s Federal income tax return for the fiscal year ending June 30, 1989. Mr. O’Malley also testified that he could not obtain any information about the loans payable account. Radtam’s Federal income tax returns for the fiscal years ending 1990, 1991, and 1992, were all filed in June of 1996.19 18Although he never asked petitioners about this, Mr. Collins testified that he thought the $319,109 was rent that Radtam owed Mrs. Bacon. If that were true, payments of rental amounts due from prior years would appear to be income to Mrs. Bacon in the year received. 19Mr. Collins testified that Radtam’s Federal income tax returns were not prepared or filed timely because details regarding cash disbursements were not available. Each of these income tax returns contained a Form 8275, Disclosure Statement. The instructions to Form 8275 provide: Form 8275 is used by taxpayers and income tax return preparers to disclose items or positions, except those taken contrary to a regulation, that are not otherwise adequately disclosed on a tax return for purposes of avoiding certain penalties. The form is filed to avoid the portions of the accuracy-related penalty due to (continued...)Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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