Thomas and Janice Gleason - Page 34

                                       - 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 handed                





Page:  Previous  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  Next

Last modified: May 25, 2011