Kamil F. and Nagwa Gowni - Page 35

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          evidence in the record that indicates whether Pyramid elected to            
          be taxed under subchapter S at the time that it made                        
          distributions to the Gownis in 1999.                                        
               At trial, respondent conceded that a mathematical error had            
          occurred during the analysis of the checks that the Gownis                  
          received from Ava Anthony and deposited into their personal bank            
          accounts during 1998.  Accordingly, the amount of the checks that           
          the Gownis received from Ava Anthony and deposited into their               
          personal bank accounts, net of repayments, must be adjusted from            
          $13,640 to $1,640 for 1998 to reflect this concession.                      
                    1.  Petitioners’ Arguments                                        
               Except for the concession that petitioners achieved with               
          respect to the dividend distribution that the Gownis received               
          from Ava Anthony in 1998, petitioners have not challenged the               
          computational accuracy of respondent’s analysis of the deposits             
          of checks from petitioners’ business entities into petitioners’             
          personal bank accounts.  Petitioners have, however, asserted                
          several arguments as to the nontaxable nature of some of the                
          distributions that they received from three of their business               
          entities.  Specifically, petitioners argue that (1) the                     
          distributions that the Gownis received from Mina of Forest City             
          and Bishoy in 1999 were repayments of loans that the Gownis had             
          made to those entities in prior years; (2) respondent failed to             
          offset the distributions that the Gownis received from Tomson in            






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