Bruce David Cohen - Page 13




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          payable to petitioner, have the word “Draw” written in the space            
          for “Description”, and specify a check amount in round hundred-             
          dollar increments.  Petitioner does not dispute that these and              
          similar checks totaled $10,640, $64,400, and $52,200 for 1988,              
          1990, and 1992, respectively.  However, for December of 1990, no            
          copies of the checks drawn on Bicycle Sport’s account were made             
          available to respondent.  Because the bank statements for                   
          December showed two checks in even amounts similar to those                 
          identified as draws, respondent concluded that these, too,                  
          represented nondeductible draws of an additional $8,500.                    
               Petitioner has offered no evidence establishing that the               
          amounts treated as draws should in fact be characterized as                 
          deductible expenditures.  Rather, petitioner’s testimony at trial           
          seems to indicate that these sums were in fact owner draws but              
          that petitioner holds a misguided interpretation of the income              
          tax consequences thereof.  For instance, the discussion set forth           
          below illustrates petitioner’s apparent position.                           
                    MR. COHEN:  I’m saying that some of those came--                  
               some of that came from--as a draw on equity, which I’m                 
               legally entitled to do as a nontaxable event.  If I                    
               have that money that I’ve put into the business, then                  
               I’m allowed to take that back out and not declare that                 
               as--that doesn’t have to necessarily be a taxable                      
               event.                                                                 
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