Jacob R. Ramsburg, Jr. and Norma J. Ramsburg - Page 6

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          rate of 3.61 percent to be paid annually commencing on December             
          31, 1992, and for the entire principal balance and any accrued              
          and unpaid interest to be paid on October 30, 1995.  Mr. Ramsburg           
          transferred the proceeds of Frederick Underwriters’ 1992 loans to           
          Mr. Ramsburg to Kildare Timmy as capital contributions.5                    

               5The parties stipulated that the “treatment of the Frederick           
          [Underwriters’ 1992] loans [to Mr. Ramsburg] on the partnership’s           
          balance sheet was unchanged until the partnership terminated in             
          1998" and that “At the end of 1997, the Frederick [Underwriters’            
          1992] loans [to Mr. Ramsburg] remained unpaid.”  Those stipula-             
          tions are contrary to certain checklists (discussed below) used             
          by Keller Bruner and Company (Keller Bruner), the certified                 
          public accounting firm employed by Kildare Timmy and petitioners            
          in preparing the tax returns for Kildare Timmy and petitioners.             
          (We shall hereinafter refer to the checklists used by Keller                
          Bruner as the Keller Bruner checklists.)  As found below, Mr.               
          Ramsburg’s 1992 notes and Frederick Underwriters’ 1992 loans to             
          Mr. Ramsburg were not outstanding, according to the Keller Bruner           
          checklists, at the end of 1997 or on the next day (i.e., Jan. 1,            
          1998) on which Kildare Timmy distributed all of its assets to Mr.           
          Ramsburg.  According to the Keller Bruner checklists, in 1995               
          Frederick Underwriters’ 1992 loans to Mr. Ramsburg were paid in             
          full and refinanced by two new loans that Frederick Underwriters            
          made to Mr. Ramsburg in the amounts of $140,000 and $143,500,               
          respectively, and that were evidenced by two promissory notes,              
          each providing for interest at the annual rate of 5.79 percent              
          and a maturity date of Oct. 30, 1998.  (We shall hereinafter                
          refer to those 1995 loans and those 1995 promissory notes as                
          Frederick Underwriters’ 1995 loans to Mr. Ramsburg and Mr.                  
          Ramsburg’s 1995 notes, respectively.)  In their stipulations of             
          fact, petitioners and respondent disregard the information shown            
          in the Keller Bruner checklists and treat Frederick Underwriters’           
          1992 loans to Mr. Ramsburg and Mr. Ramsburg’s 1992 notes as                 
          outstanding at the end of 1997 and on the next day (i.e., Jan. 1,           
          1998) on which Kildare Timmy distributed all of its assets to Mr.           
          Ramsburg.  We presume that they do so because they believe that             
          the material facts (e.g., the loan principal amount, the identity           
          of the debtor, the identity of the creditor) surrounding both               
          Frederick Underwriters’ 1992 loans to Mr. Ramsburg and Frederick            
          Underwriters’ 1995 loans to Mr. Ramsburg are the same.  Moreover,           
          petitioners do not contend, and in any event petitioners have               
                                                             (continued...)           




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