Sid Paul Ruckriegel - Page 40

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          reclassifying the loans as back-to-back loans through the                   
          taxpayer.  In both cases, we found that the system was indicative           
          of the contemporaneous treatment of the transactions as back-to-            
          back loans through the taxpayer.  In those cases, however, the              
          adjusting entries were consistent with an established course of             
          conduct whereby the payor corporation routinely made payments on            
          behalf of the taxpayer shareholder.  As noted supra, petitioners            
          have established no such course of conduct for Paulan.                      
               Moreover, in each of Yates, and Culnen, the taxpayer-                  
          shareholder was intimately involved in recording the intercompany           
          advances to the S corporation as giving rise to payables from the           
          S corporation to him.  In Yates, it was the taxpayer who directed           
          his accountant to make intercorporate funds transfers and, by               
          yearend, to record those transfers either as distributions to him           
          followed by capital contributions to the payee S corporation or             
          as back-to-back loans to the S corporation through him.  In                 
          Culnen, the taxpayer’s regular accountant testified that it was             
          the taxpayer who routinely, over a 20-year period, directed the             
          bookkeeper for the payor corporation to have that corporation               
          write checks on his behalf and charge the amounts to his loan               
          account with the corporation; and the taxpayer’s outside                    
          accountant testified that she made the adjusting entries                    
          classifying the payor corporation’s payments to the loss S                  
          corporation as back-to-back loans through the taxpayer on the               






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