- 10 - failing to report taxable income of the sole proprietorship for prior years, the parties took pains to agree and to assure the Court that there was nothing improper in Mr. Lechner’s taking the receipts and paying the associated expenses. We accept their assurances and impute no wrongdoing to Mr. Lechner, who appears merely to have been following the advice of his accountant, Mr. Noble, at all times relevant to these proceedings. What Mr. Lechner and Stainless did to “make it right”, apparently on the assumption that the only proper way to handle the incorporation was for Stainless to take over the receivables and payables arising from the sole proprietorship’s work in progress, was to set up a corporate receivable from Mr. Lechner in the amount of the receipts and to reduce that receivable when Mr. Lechner paid the associated expenses. The amount of the receivable, reflected in the progress payments taken by Mr. Lechner, and its reduction by the associated expenses that he paid, were reported by Stainless as corporate income and expense.4 4 Inasmuch as both the sole proprietorship and the corporation used the cash method of accounting, this treatment appears to have been proper and consistent with the way the incorporation of a cash basis business can be handled under secs. 351, 357(c), and 358(d). See Hempt Bros., Inc. v. United States, 490 F.2d 1172 (3d Cir. 1974); Rev. Rul. 80-198, 1980-2 C.B. 113; see also Focht v. Commissioner, 68 T.C. 223 (1977); Rev. Rul. 80- 199, 1980-2 C.B. 122. Notwithstanding that the sole proprietorship earned the receipts and incurred the liabilities (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011