James G. LeBloch and Cathy Michelsen LeBloch - Page 28




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          for that payment.  We also note that petitioners never                      
          intermingled their funds in a joint account, but kept their                 
          financial accounts separate, and that petitioners’ relationship             
          throughout the subject years was one in which they each                     
          understood that they were responsible for the payment of their              
          share of the expenses.  We hold for petitioners on this item.11             
               3.  VISA advances                                                      
               Petitioners argue that they are entitled for 1997 to an                
          adjustment of $2,500 for VISA advances.  Respondent concedes that           
          this $2,500 is not taxable income to petitioners, and we so hold.           
               4.  Sales Tax Remittances                                              
               Petitioners argue that they are entitled for 1997 to an                
          adjustment of $3,800 for sales tax remittances for October and              
          November 1997.  We agree.  Michelsen operated the Nature’s Touch            
          shops as a sole proprietorship from January 1 through                       
          November 23, 1997, and she (as a conduit) collected sales tax on            
          the sales made at the shops during that time.  She deposited the            
          collected sales tax into the shops’ business account and later              
          remitted that tax to the State of California.  Respondent’s bank            
          deposits analysis for 1997 made an adjustment for sales tax                 


               11 Whereas we understand petitioners to request that we also           
          hold that other amounts reported as compensation from NT were               
          actually loan repayments, we decline to do so.  Michelsen was the           
          sole reported recipient of compensation from NT, and petitioners            
          make no assertion in this proceeding that Michelsen lent money to           
          NT.                                                                         






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