- 3 - arrangement. There is no evidence in the record that any loan terms were established. There is no payment schedule, no interest rate, nor any recourse for late-payments. PPP did not formally declare dividends in either 1995 or 1996. The amount and nature of every distribution was determined solely by petitioner. In 1995 and 1996 petitioner made a variety of distributions including, among others, salary and expenses. Respondent audited PPP’s returns for 1995 and 1996 and determined that it made the following payments to or on behalf of petitioner that were distributions with respect to her stock: 1995 1996 Taxes and licenses for Mercedes Benz $1,467 0 Auto expenses for Mercedes Benz 2,031 $4,596 Auto insurance for Mercedes Benz 2,966 0 Payments for Mercedes Benz 27,427 8,465 Interest expense for Mercedes Benz 1,747 3,882 Health club dues 0 1,263 Home security 630 0 Total Payments 36,268 18,206 PPP’s records indicate it paid the costs for three cars. One of the cars, a 1994 Land Cruiser, is not at issue in this case. Each of the other two cars was a Mercedes Benz. In 1995, the first Mercedes was traded in for the second, a later model. During the audit, petitioners could not establish a business purpose or a business use for either Mercedes. The parties agree that the following accurately represents the relevant portions of PPP’s balance sheet for 1995 and 1996:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011