Eric B. Benson, et al. - Page 22

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          Wells Fargo bank account.24  On their 1989 Form 1040, U.S.                  
          Individual Income Tax Return, the Bensons claimed a deduction for           
          a portion of the legal fees paid to Mr. Carroll of $77,973.                 
               (g) Automobile and Truck Deductions                                    
               ERG claimed deductions for automobile and truck expenses for           
          the following years in the amounts stated:                                  
                    Tax Year            Amount of Deduction                           
                    1988                     $9,645                                   
                    1989                     10,624                                   
                    1990                     23,676                                   
                    1993                     28,308                                   
                    1994                     14,723                                   
          ERG bought a Jeep for Eric for $15,000 in 1990 and a Ford Bronco            
          for Mark for $13,500 in 1993.  ERG’s claimed deductions included            
          the cost of purchasing these two vehicles, as well as DMV fees,             
          insurance, gasoline, and repairs for four family cars.  The                 
          Bensons conceded that the purchase of the automobiles constituted           
          constructive dividends.  See appendix.                                      
               The Bensons were authorized signators on a First Interstate            
          checking account No. 804-2-01477, which was used exclusively to             
          pay for gasoline purchases through Interlink bank debit card(s)             
          linked to that account.  During the years listed, ERG paid the              
          following amounts for gasoline:                                             

               24The record does not disclose why there is a difference               
          between the amount of the arbitration award and the amount of the           
          payment.  We assume since the arbitrators’ award included                   
          “interest thereon” that the additional money is accrued interest            
          from the date of the decision to the date of payment.                       





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