Frank J. & Ann M. Feraco - Page 7




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          deductions shown, on Schedules K-1, Shareholder’s Share of                  
          Income, Credits, Deductions, etc.  Thomas Doran (Doran), a                  
          C.P.A., prepared Southern Auto's tax returns for 1993 and 1994.             
          Doran said that the owners of Southern Auto provided the                    
          information as to the percentages of stock ownership on the                 
          Schedules K-1.  Frank based the percentages on the dollar amounts           
          that each individual actually had been paid.  According to an               
          undated memo to the file signed by Frank, Thomas, and Bob, “the             
          corporation profits would be dispersed to the shareholders (Tom,            
          Bob, and [Frank]) based upon the actual dollars received as a               
          percentage of the total.”  This method of allocation was                    
          presented to two accountants, at least one of whom was a                    
          Certified Public Accountant, who told petitioners it was                    
          acceptable to allocate the profit based on dollars received as a            
          percentage of the total dollars distributed.                                
               According to Southern Auto's records, cash distributions to            
          Frank, Thomas, and Bob totaled $82,668 in 1993.  Southern Auto's            
          distributive ordinary income as reported on the 1993 return was             
          $57,638.  According to Southern Auto's records, cash                        
          distributions to Frank, Thomas, and Bob totaled $135,529 in 1994.           
          Southern Auto's distributive ordinary income as reported on the             
          1994 return was $140,310.                                                   
               The breakdown of the recorded cash distributions is set                
          forth under the heading of cash withdrawals.  The percentage                





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