Christopher K. and Brenda M. Cox, et al. - Page 7




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          paid any expenses with respect to the warehouse in any of the               
          years in issue.                                                             
               On June 16, 1993,5 Christopher and Brenda borrowed $220,000            
          from the Oklahoma Bank (loan 91850).  Cox Tomato, acting through            
          Christopher in his official capacity as president, was a                    
          signatory on the loan.  Christopher, Brenda, and Cox Tomato                 
          executed an installment note for $220,000.  Christopher and                 
          Brenda also executed a mortgage in favor of the Oklahoma Bank               
          giving the bank a security interest in the warehouse.                       
          Christopher used approximately $70,000 of the loan proceeds to              
          pay off the first mortgage on the warehouse and gave                        
          approximately $148,000 of the remaining loan proceeds to Cox                
          Tomato to fund its operations.                                              
              The terms of the installment note required 60 monthly                  
          payments.  Christopher treated loan 91850 as his personal debt              
          and made at least some payments on it.  Neither Gregory nor                 
          Deborah made any payments on loan 91850 in any of the years in              




               5Because no deficiency has been asserted for the 1993                  
          taxable year, we may not determine an overpayment or underpayment           
          of tax for that taxable year.  Sec. 6214(b); Alford v.                      
          Commissioner, 800 F.2d 987, 988 (10th Cir. 1986), affg. 84 T.C.             
          1308 (1985).  We may, however, examine the facts and transactions           
          of the 1993 taxable year to the extent necessary to correctly               
          determine petitioners’ tax liabilities for the years at issue.              
          Sec. 6214(b); Lone Manor Farms, Inc. v. Commissioner, 61 T.C.               
          436, 440-441 (1974), affd. without published opinion 510 F.2d 970           
          (3d Cir. 1975).                                                             





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