Rodney Noble and Jo Marie Payton - Page 5

                                        - 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 connection           





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