- 34 - get the 400,000 that was put into a CD in Alofs. That, because we didn’t pay the $500,000 note, I couldn’t draw on the 400-”. Later he remarked: “The 400,000 shows as paid in capital by the sellers as a tax advantage. * * * Excellence lent it to them. They put it in as paid in capital. * * * And so I had to effect a $500,000, just for closing, seller note. There was no seller note in this transaction. It became secured by 400,000 that was going to be paid to me in cash.” The parties’ stipulations with regard to these two amounts read as follows: In regard to the $500,000 loan that the respondent did not allow in basis for Alofs, petitioners indicated that this was supposed to be received by petitioners. During the audit, petitioners indicated that this amount was never received from the selling shareholders, nor contributed by petitioners to Alofs. * * * * * * * In regard to the $400,000 that the respondent did not allow in basis for Alofs, petitioners advised that this amount was a loan from Excellence to the selling shareholders, and paid directly to Alofs. Attached as Exhibit 23-J, is the check from Excellence to Alofs. The referenced exhibit is a copy of a check dated December 18, 1995, in the amount of $400,000, drawn on Excellence’s account and payable to the order of Alofs. Mr. Gleason commented on this scenario at trial in a colloquy with the revenue agent who audited petitioners’ returns: Q [Mr. Gleason] * * * Also, the $400,000 * * * the check being made out to Alofs, it is true it was made out to Alofs, didn’t I tell you that it was handedPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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