Eddie Cordes, Inc., et al. - Page 26




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          we address the $484,651 and the $120,000 Mrs. Cordes received in            
          1994 and 1995, respectively, and which have not already been                
          considered.                                                                 
                         a.   Interest                                                
               In each of 1994 and 1995, CFC deducted $20,000 of the                  
          distributed funds as interest expenses, and Mrs. Cordes included            
          that $20,000 in income as interest received.  Respondent                    
          determined that CFC and Mrs. Cordes improperly treated the funds            
          as interest because CFC was not indebted to Mrs. Cordes in 1994             
          or 1995.  Respondent therefore disallowed CFC’s deductions and              
          decreased Mrs. Cordes’s income.                                             
               Petitioners contend “The uncontroverted testimony here is              
          that $200,000.00 was advanced to Cordes Finance Corp. by Edmund             
          J. Cordes in 1994 * * *.  * * * the money was advanced and the              
          $20,000.00 payments annually do constitute a reasonable rate of             
          interest (approximately 10%) on these funds.”  Petitioners have             
          confused the facts.  We have found the $200,000 was transferred             
          by Mr. Cordes to CFC in exchange for some of the notes.  Mrs.               
          Cordes did not transfer those funds, nor did the transfer of                
          $200,000 constitute a loan.  Petitioners have failed to                     
          demonstrate that CFC was indebted in any way to Mrs. Cordes,19              

               19We note that although Mr. Cordes testified that CFC repaid           
          total loans of approximately $884,000 to Mrs. Cordes’s account              
          between 1994 and 1995, petitioners have not presented any                   
          corroborative evidence that such loans existed.                             
               Mr. Cordes also testified that some of the funds Mrs. Cordes           
          received in 1995 may have been repayments of loans she made to              
          John Cordes.  Mr. Cordes’s testimony is inconsistent and not                
                                                             (continued...)           




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