HJ Builders, Inc. - Page 12

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          balance sheets of HJ Builders.  There is no corporate record of             
          any interest payments or repayment schedules in connection with             
          the second note.  Thus the first and second notes are unreliable            
          and unpersuasive evidence in support of petitioners’ position               
          that the $72,000 in disbursements to Mr. Wright in calendar year            
          2001 was in repayment of prior loans by Mr. Wright to                       
          HJ Builders.                                                                
               Other conflicting evidence in the record prevents us from              
          concluding either that the disbursements to Mr. Wright were in              
          repayment of prior loans or that any such loans ever existed.               
          Although HJ Builders had an accounting code for loans payable to            
          Mr. Wright, no code was used to classify the payments totaling              
          $72,000 to Mr. Wright in 2001, and HJ Builders recorded no                  
          shareholder loans on its Federal tax return.  Petitioners have              
          also claimed that the loan documents were stolen in a burglary of           
          HJ Builders’ offices on February 11, 2002.  However, no loan or             
          other corporate documents are included in the list of stolen                
          items provided to the police.  Mr. Wright’s uncorroborated                  
          testimony that the loan documents were stolen in the burglary is            
          unpersuasive.  See Simpson v. Commissioner, T.C. Memo. 1999-274,            
          affd. 23 Fed. Appx. 425 (6th Cir. 2001).                                    
               Petitioners have presented no reliable promissory notes,               
          security agreements, payment schedules, amortization schedules,             
          notations of regular payments, interest calculations, or any                






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