HJ Builders, Inc. - Page 10

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          more plausible explanation is that he was advised that, in view             
          of his reported income, claiming the actual amount of charitable            
          contributions would increase the likelihood of audit.  The cash             
          contributions made would have approached but not exceeded the               
          50-percent limitation of section 170(b)(1), and the charitable              
          contributions made from corporate funds would have brought the              
          amount to more than 50 percent of the reported income.                      
          Respondent now would allow all of the charitable contributions              
          because of the increase in the Wrights’ reportable income,                  
          subject to overall reductions in accordance with section 68(a)              
          applicable to 2001.                                                         
          Cash Disbursements to Mr. Wright                                            
               Respondent argues that the $72,000 in disbursements at issue           
          from HJ Builders to Mr. Wright was dividend distributions and               
          taxable income to the Wrights.  Petitioners argue that the                  
          disbursements were in repayment of loans previously made by                 
          Mr. Wright to the corporation.                                              
               The evidence presented by petitioners is inconsistent                  
          regarding the nature of the cash payments.  Petitioners argue               
          that the amounts in Wayne’s Ledger reflect repayments of previous           
          loans made by Mr. Wright to HJ Builders.  However, a handwritten            
          notation on Wayne’s Ledger instead states that the disbursements            
          between June 5, 2001, and May 2, 2002, totaling $132,000 reflect            
          loans to Mr. Wright.  We conclude that Wayne’s Ledger is                    






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