Herbert L. Whitehead and Jennifer L. Whitehead - Page 17




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               At no time did Mr. Whitehead make any payments to Mr.                  
          Stanford on the promissory note that Mr. Whitehead signed on                
          September 13, 1991, in exchange for Mr. Whitehead’s purchase of             
          all of Mr. Stanford’s Burien Nissan stock.  As discussed above,             
          Burien Nissan continued to make monthly payments of $2,000 to Mr.           
          Stanford from April 1995 until at least September 1999.  Neither            
          Mr. Whitehead nor Burien Nissan expected Mr. Whitehead to repay             
          those amounts to Burien Nissan.                                             
               A document dated May 31, 1996, entitled “Burien Nissan, Inc.           
          Adjusting Journal Entries for the period ended December 31,                 
          1995",9 showed, inter alia, the following entries (AJE 15 en-               
          tries) under the heading “AJE 15":                                          
           Account #    Account Name/Description      Debits      Credits             
             3440     Note Payable-Ken Stanford                   178,000             
             3910     Retained Earnings               178,000                         
                      To record note payable on                                       
                      capital stock redeemed                                          
               Petitioners’ Respective Uses of                                        
               Certain Burien Nissan Automobiles                                      
               During the years at issue, neither Mr. Whitehead nor Ms.               
          Whitehead owned an automobile.  During each of those years, each            
          petitioner had the use of, and did use, certain automobiles owned           
          by Burien Nissan (Burien Nissan automobiles).  During the years             
          at issue, petitioners did not pay Burien Nissan for their respec-           
          tive uses of certain Burien Nissan automobiles.                             


               9The record does not disclose who prepared that document.              





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