- 6 - Notwithstanding the representations in the Confidential Private Placement Memorandum, “key man insurance” was obtained at some point.4 KOA was the beneficiary of the policy, and while not required by KOA, petitioners paid the insurance premiums on the key man insurance policy. In August 2001, KOA merged with e-Redeem, Inc., a Delaware corporation in which petitioner Brody served as President. In letters to shareholders of KOA dated May 31, 2001, petitioner Brody proposed that said shareholders would receive an aggregate of 49.568 percent of the fully diluted capital stock of the merged entity. Petitioner Brody, who has a background in accounting, prepared KOA’s Form 1120-A, U.S. Corporation Short-Form Income, for the 1999 taxable year (1999 corporate return). KOA claimed deductions for repairs and maintenance of $13,186 and for rents of $44,762. KOA did not report any loans from shareholders. Petitioner Brody also prepared petitioners’ Form 1040, U.S. Individual Income Tax Return, for the 1999 taxable year (1999 tax return). Petitioners did not file a Form 4797, Sales of Business Property, with their 1999 tax return. 4 The parties did not provide the Court with a copy of the insurance policy.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011