Alan G. Bone and Kathleen A. Bone - Page 11




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          under contract with the affiliates to transfer the contracts and,           
          also, to pay the expenses in connection with the transferred                
          contracts.  This contract offered by petitioners was unsigned and           
          undated and is lacking in the usual earmarks of a contract that             
          has been negotiated at arm’s length.  In addition, Mr. Bone and             
          Mr. Guerrero owned significant interests in the affiliates.                 
          Without further explanation, the proffered document appears to be           
          little more than an attempt to assign expenses from one related             
          taxpayer to another.  More significantly, petitioners have not              
          shown that AJCS had a valid business reason for agreeing to pay             
          the costs to complete contracts from which it would not                     
          automatically or directly receive any part of the gross proceeds.           
          By way of contrast, the amounts of the affiliates’ expenses paid            
          by AJCS are substantially more than the management services fees            
          that it could have earned or did earn.  There was no reasonable             
          expectation of recovery by AJCS of enhancement to its business              
          through those expenditures.  Accordingly, we find unpersuasive              
          petitioners’ evidence that AJCS was contractually bound to pay              
          the expenses of the affiliates or that any such payment of                  
          expenses by AJCS would have furthered or promoted AJCS’s trade or           
          business.                                                                   
               Petitioners also argue that the four affiliates could not              
          afford to pay their own expenses.  That argument is directly                
          contradicted by the record.  During the period in question, three           






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