- 4 - home improvement business. Stark controlled the day-to-day activities of petitioner. During 1996, 1997, and 1998, all moneys that were paid on accounts receivable of petitioner were deposited into petitioner’s checking account. Stark was the only person with signature authority on petitioner’s account. Petitioner did not make regular payments at fixed times to Stark for his services. Rather, Stark obtained funds from petitioner’s bank account to pay himself as his needs arose. Petitioner neither classified any payment as a dividend nor distributed any dividends to shareholders from 1996 through 1998. Petitioner’s Tax Reporting Petitioner filed Forms 1120S, U.S. Income Tax Return for an S Corporation, and related schedules, for 1987 through 1995. On these returns, petitioner did not report treating Stark, or any other individual, as an employee of petitioner. Petitioner filed a Form 1120S for each of the years 1996, 1997, and 1998. Petitioner reported ordinary income from its trade or business of $10,866.14, $14,216.37, and $7,103.60 for 1996, 1997, and 1998, respectively. Petitioner claimed no deduction either for compensation of officers or for salaries and wages. Schedules K-1, Shareholder’s Share of Income, Credits, Deductions, etc., attached to the returns show $10,866.14 for 1996, $14,216.37 for 1997, and $7,103.60 for 1998 as the pro rataPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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