- 7 - During 1987 through 1990, Mr. Viviano and petitioner made several short-term loans/advances to Tri-City and Newark Wreckers. There were no formal loan agreements created to evidence these transactions. The parties followed the practice of immediately repaying themselves when the entities were able, usually within 3 weeks to 3 months. Petitioner alleges that he has never been repaid at least $56,450 in loans and advances, and he now contends that this amount offsets any gain he realized upon the sale of M&V Investments to Mr. Viviano. D. Newark Truck and Body Shop With part of the funds secured from Mr. Viviano, in May 1990, petitioner purchased land and a vacant building located at 7373 Wells Avenue, in Newark, California, from Mr. Guarrusso for $200,000. Upon receipt of the three cashier’s checks from Mr. Viviano totaling $200,000, petitioner purchased two cashier’s checks made payable to himself, one for $175,000 and the other for $25,000. On May 16, 1990, petitioner took the $175,000 cashier’s check made payable to himself and purchased two more cashier’s checks. One of the cashier’s checks was for 6(...continued) The date listed next to petitioner’s signature on his 1990 income tax return is Aug. 14, 1991. The date listed on Tri- City’s 1990 tax return is Dec. 21, 1991. There is no indication in the record that petitioner filed an amended return for 1990. There is no indication that petitioner has ever reported this sale of his interest. Petitioner testified that he believed that he had reported the sale.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