- 14 - D. Discussion 1. Petitioner’s Case Petitioner called four witnesses, including himself, all of whom testified consistently that, for many years (including the years in question), petitioner had used Culnen & Hamilton as an incorporated pocketbook, having the corporation make payments on his behalf, which payments were posted to Culnen & Hamilton’s books as loans to petitioner. Robert Levin, one of those four witnesses, had been petitioner’s accountant for more than 20 years. He also did accounting work for Culnen & Hamilton. He testified that, from time to time, petitioner would reduce the balance of his Culnen & Hamilton loan account by liquidating investments he had made and paying the proceeds to Culnen & Hamilton. Mr. Levin explained the rationale for that procedure as follows: Culnen & Hamilton was an "S" corporation. There was a lot of undistributed taxable income. He [petitioner] wouldn’t take all the–-he’d pay taxes on it, and, God knows, he paid a lot of taxes over the years, but he felt the money that was left in Culnen & Hamilton, because it was undistributed to him, that he could spend and do what he wanted with. So, rather than write a check to himself and write a check to a third party, he would just–-if he wanted to buy a company or whatever, he would just write it out–-have Beatrice, the bookkeeper, write it out of Culnen & Hamilton, charge it to his loan account, okay, and that’s the way he did business for the 20 years that I’ve been his accountant.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011