Eric B. Benson, et al. - Page 32

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          about July 29, 1994, accountant Bradac sent Burton a letter which           
          stated in part:                                                             
                 Loans to Stockholders cannot be identified from                      
                 our workpapers.  If it could be identified, any                      
                 amounts due from stockholders should be shown                        
                 here, and the Corporation should make sincere                        
                 efforts to collect.  Any stockholder who has not                     
                 repaid a corporate loan has personal income to                       
                 report if the loan is forgiven by the Corporation.                   
          On October 25, 1995, the Bensons filed their 1994 return.                   
          4.  Transfers From NPI                                                      
               In 1993, Burton caused NPI to issue:  (1) Check Nos. 424,              
          439, and 444, totaling $129,480 from NPI’s bank account made                
          payable to the California Franchise Tax Board to pay his personal           
          tax liabilities; and (2) check Nos. 423, 425, 432, and 438 from             
          NPI’s bank account made payable to the Internal Revenue Service             
          (IRS) to pay his personal tax liabilities, the aggregate amount             
          of which was $378,000.39                                                    
               In 1994, Burton caused NPI to:  (1) Issue check Nos. 452,              
          462, and 468 totaling $28,745 from NPI’s bank account made                  
          payable to the California Franchise Tax Board to pay his personal           
          tax liabilities;  (2) issue check Nos. 446, 451, 455, and 461               

               39The parties stipulated that check No. 424 for $81,000 and            
          check No. 444 for $28,480 totaled $129,480, which was obviously             
          an error since these two sums equal $109,480.  It is clear from             
          the documentary evidence in the record that three checks, Nos.              
          424, 439, and 444 were written from NPI’s bank account to the               
          California Franchise Tax Board in the total amount of $129,480.             
          Additionally, it is clear from the evidence that NPI issued                 
          checks, Nos. 423, 425, 432, and 438 to the IRS in the total                 
          amount of $378,000.                                                         





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