George Maciel - Page 25

                                       - 25 -                                         
          Tax Regs. (“the amount realized from a sale or other disposition            
          of property includes the amount of liabilities from which the               
          transferor is discharged as a result of the sale or                         
          disposition”).                                                              
               Petitioner also alleges that he made $56,450 in                        
          loans/advances to Tri-City and Newark Wreckers for which he was             
          never reimbursed.  In support thereof, he introduced copies of              
          checks made payable to the two entities that he alleges were                
          unpaid “loans”.  Petitioner’s business partner, Thomas Viviano,             
          testified that each partner would periodically advance/lend funds           
          to the entities on a short-term basis.  There were no formal loan           
          agreements made between the businesses and their owners.  Mr.               
          Viviano testified that it was the practice of the entities to               
          immediately payback these “loans” as the entities earned income,            
          usually within a few months.  Petitioner, on the other hand,                
          testified that at the time he sold his interests to Mr. Viviano,            
          he was owed $16,200 from Tri-City and $40,250 from Newark                   
          Wreckers.                                                                   
               We find Mr. Viviano to be credible.  Tri-City’s 1989 Form              
          1065 shows that advances from partners went from $62,938 at the             
          beginning of 1989 to $0 at the beginning of 1990.  Thus, we find            
          petitioner was not owed $16,200 from Tri-City at the time he sold           
          his interest.  Newark Wreckers is a different story.  The 1989              
          and 1990 Forms 1120 for Newark Wreckers show a beginning and an             






Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011