Rodney Noble and Jo Marie Payton - Page 4

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          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:             






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