- 4 - 1995 1996 Distributions $36,268 $18,206 Current Earnings and Profits 14,335 17,325 Accumulated Earnings and Profits (50,600) (39,121) Paid-in-capital (basis) 1,000 0 Loans from stockholders1 123,645 120,842 1 These amounts reflect the amounts “loaned” by petitioners to PPP for each tax year as reported on Schedule L, Balance Sheets per Books, on the respective year’s Form 1120, U.S. Corporation Income Tax Return. These amounts are in addition to the $285,580 on PPP’s books at the start of 1995. Discussion Bona Fide Debt It is respondent’s contention that there is little evidence of “loans” from petitioner to PPP and that the payments in question, made to or on behalf of petitioners, must be treated as constructive dividends and taxed as ordinary income. Petitioners, however, claim that because PPP was indebted to petitioner in amounts in excess of the payments herein that they are entitled to treat the payments as loan repayments. Under such an interpretation, the payments would not constitute dividend income and would not be taxable as ordinary income of petitioners. Generally, respondent’s determination in a notice of deficiency is presumptively correct, and petitioners bear the burden of disproving the adjustments. Rule 142(a); Falsetti v. Commissioner, 85 T.C. 332, 356 (1985). However, under section 7491(a)(1), effective for court proceedings arising in connectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011