- 9 - Sometime around 1988, Mr. Smith transferred the stock of WFIC to petitioner or petitioner’s sister and brother-in-law2 and moved WFIC to Taxman’s office space. Petitioner ran the day-to-day operations of WFIC from 1988 until 1994. While petitioner ran WFIC, WFIC’s primary business was the sale of commercial real estate. WFIC maintained a checking account, a savings account, and an Interest on Real Estate Trust Account (trust account) throughout the years in issue. On September 14, 1990, the North Dakota Real Estate Commission (NDREC) granted petitioner’s application to be a real estate broker for WFIC. WFIC did not hold regular shareholders or directors meetings. During the years at issue, WFIC employed two real estate agents in addition to petitioner. WFIC paid each agent commissions the agent earned brokering transactions for WFIC. Certain of Taxman’s employees, including petitioner, performed work for WFIC and were paid for these services by Taxman. The Taxman employees who also worked for WFIC did not keep track of the time they spent working for WFIC. During 1990, 1991, 1992, and 1993, WFIC transferred at 2Petitioner testified that Mr. Smith transferred the WFIC stock to petitioner’s sister and brother-in-law because petitioner’s attorney advised him not to own stock in light of the lawsuit against him and a potential lawsuit from his former wife. Respondent alleges that the WFIC stock was transferred to petitioner’s sister and brother-in-law as nominees for petitioner. Because the identity of the true owner of WFIC’s stock does not affect our determinations herein, we do not address this discrepancy.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