- 11 - Understatement of Equipment Rental Income Findings of Fact On March 15, 1990, Bone and Guerrero formed a new S corporation, Olympic, to operate a business project in Washington State. In 1992, Guerrero owned 51 percent of Olympic’s common stock and Bone owned the remaining 49 percent. Bone and Guerrero each contributed $500 to Olympic, arranged for Olympic to lease concrete pumping trucks, and permitted Olympic to borrow capital from petitioner. During the period under consideration, Olympic made repayments to petitioner. During its existence, Olympic leased trucks and concrete pumping equipment from petitioner for use in Olympic’s business. Olympic discontinued business in 1992. Olympic, pursuant to the lease with petitioner, was obligated to pay an $11,681.41 monthly rental for use of the equipment. Olympic paid petitioner $190,415.89 during the fiscal year ending March 31, 1992. Of the $190,415.89, petitioner reported $64,839 as rental proceeds on its 1992 tax return. Of the remaining $125,576 in payments, petitioner contends that they should be treated as nontaxable payments on a loan. Respondent, however, has allowed only one-half of the $125,576, or $62,788, to be treated as a loan repayment from Olympic to petitioner, and respondent treated the other one-half as additional leasePage: 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