John F. and Michele L. Hajek - Page 4

                                        - 3 -                                         

               For the years at issue, 1999 and 2000, petitioner’s wages              
          from the corporation were $20,200 and $15,600, respectively.  On            
          their joint Federal income tax returns for 1999 and 2000, these             
          amounts were reported as income.  However, in addition to his               
          wages, petitioner also received from the corporation, generally             
          on a weekly basis, payments that totaled $25,441 and $27,025,               
          respectively, during 1999 and 2000.  Over the years, petitioner             
          received more than $150,000 in such payments beginning in 1995.             
          The payments received in 1999 and 2000 were not included as                 
          income on petitioners’ income tax returns for these years.  It is           
          these payments that are at issue in this case.  Petitioners                 
          contend these payments were gifts and, therefore, do not                    
          constitute gross income.  Respondent determined otherwise in the            
          notice of deficiency.                                                       
               For several years prior to 1999, the corporation experienced           
          financial problems due largely to foreign competition.  Mr.                 
          Marchisset had, from time to time, contributed additional moneys            
          to keep the corporation afloat; however, over time, the                     
          corporation was unable to survive and ceased doing business in              
          2001.  Before arriving at that point, however, in 1995, in an               
          attempt to bolster the corporation’s finances and in order to pay           
          petitioner a salary commensurate for his services, Mr. Marchisset           
          made an additional infusion of capital to the corporation that              
          was identified or maintained as a separate account on the                   





Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011