- 7 - 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).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