Alan D. Lenzen and Dianne Lenzen - Page 13

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          1999.  Mr. Lenzen and Mr. Schoenecker credibly testified that               
          they lent money to RAF over the years and that they were paid               
          interest on the loans.  They documented these loans and RAF’s               
          payments of interest and principal on a ledger for each year.               
          The loans were repaid in full as part of the sale of RAF in 2002.           
               However, the record does not show that RAF’s payments of the           
          Lenzens’ personal expenses were intended to be repayments of Mr.            
          Lenzen’s loans to RAF.  Mr. Lenzen and his accountant admitted              
          that the corporate card payments were not recorded as loan                  
          repayments or interest payments on the 1999 loan ledger or in any           
          of RAF’s corporate records.  Mr. Lenzen testified that he                   
          intended to record them that way but “I just procrastinated and I           
          never did it.”  Petitioners’ accountant had no knowledge that RAF           
          paid any of the Lenzens’ personal expenses.  Most importantly,              
          RAF claimed as business expenses all of the Lenzens’ corporate              
          card charges.  Mr. Lenzen and RAF did not attempt to identify               
          which charges were purportedly loan repayments until trial.                 
          Petitioners’ current characterization of the unexplained charges            
          as loan repayments contradicts petitioners’ actions at the time             
          the payments were made, and we do not accept petitioners’ current           
          position.  See, e.g., Noble v. Commissioner, 368 F.2d 439, 443-             
          444 (9th Cir. 1966) (shareholders’ alteration of corporate                  
          records 2 years after payment was not sufficient to properly                







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