James O. Jondahl - Page 39

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         petitioner’s 1987 return has no relevance to business expenses of            
         the sole proprietorship in 1982, 1983, and 1984, because any                 
         business expenses taken as deductions for those years were                   
         incurred before Taxman existed.  In addition, we concluded above             
         that the record does not support that Taxman assumed any                     
         liabilities other than two bank loans.  Therefore, petitioner had            
         income of $310 in 1990 from Taxman’s payment for petitioner’s                
         personal legal expenses.                                                     
              In 1990, Taxman also repaid a bank loan for $2,000, plus                
         interest of $147, that had been obtained in petitioner’s name in             
         July 1989.  Petitioner claims that he obtained the loan in his               
         own name because Taxman had reached the limit of its line of                 
         credit with the bank.  Petitioner testified that he deposited the            
         funds into WFIC’s account, and WFIC used the funds until it                  
         received its tax refund in 1990.                                             
              The 1989 bank statements for WFIC, Taxman, and petitioner               
         are not part of the record.  Petitioner offered no evidence that             
         Taxman’s credit limit had been reached or that the loan funds                
         were deposited into WFIC’s bank account.  We give little weight              
         to petitioner’s testimony on this matter given that he claimed               
         Taxman had reached the limit of its line of credit but WFIC used             
         the funds and repaid the loan.  We do not believe petitioner has             
         met his burden of proving the $2,147 was not repaid on his behalf            







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