- 17 - On the 1997 Form 1120S for petitioner’s solely owned corporation, T.J. Construction, petitioners claimed cost of goods sold in the amount of $7,857,791. All checks made payable to Phillips or to Phillips Contracting were treated as cost of goods sold, including $2,919,974 in checks that were issued to Phillips, endorsed back to petitioner, and then deposited in petitioners’ personal bank account. Respondent disallowed the costs of good sold for these checks. Respondent concedes that petitioner made cash advances of $1 million to Phillips in 1997 and may treat $1 million of the checks that were endorsed back to petitioner as cost of goods sold. Petitioners assert that their estimation of cash advanced to Phillips in 1997 is closer to $2.5 million. Petitioners have presented no credible evidence that more than $1 million was advanced to Phillips. In 1997, petitioner cashed or caused to be cashed checks totaling $1,976,000. This amount is far less than the $2.5 million in cash that petitioners claim was advanced to Phillips that year. Petitioner has presented no credible substantiating documentation regarding the amount of cash he claims to have advanced to Phillips. Rather, he regularly destroyed the records he created to keep track of such cash advances and the balances owed Phillips. Additionally, the record shows that petitioners’ dealings in cash extended beyond his transactions with Phillips. On severalPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: November 10, 2007