Timothy and Barbara Kosinski - Page 19




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          of good sold being subtracted from gross receipts twice in 1996.            
          However, that year is not before the Court in this case.                    
               Petitioners argue that the cash advances to Phillips and the           
          endorsed back checks should be viewed as two independent                    
          liabilities stemming from separate and unrelated facts.  Under              
          such treatment, the cash advances from petitioner to Phillips               
          would be viewed as personal loans, and the endorsed back checks             
          would be viewed first as compensatory payments to Phillips and              
          then as repayments to petitioner of the borrowed funds when the             
          check was endorsed back to petitioner.  Thus, because the                   
          endorsed back checks would be viewed as compensatory payments               
          when issued from T.J. Construction, all of the endorsed back                
          checks would be deductible business expenses of T.J.                        
          Construction, and the taxability to petitioner of the endorsed              
          back checks would be dependent on how much cash was advanced as             
          loans to Phillips.  Petitioners argue that the tax treatment                
          outlined above is required because it is undisputed that T.J.               
          Construction owed Phillips money, and thus the checks issued to             
          Phillips were payments of legitimate corporate obligations.                 
               We are not persuaded by petitioners’ retroactive portrayal             
          of the transactions between Phillips and petitioners.  It is not            
          a necessary conclusion that all of the checks made payable to               
          Phillips were payments of legitimate obligations of T.J.                    
          Construction.  There is no credible evidence in the record                  







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