Timothy and Barbara Kosinski - Page 17




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               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 several            







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