- 24 - is noteworthy that no such liability was reflected on Wright & Associates’ books and tax return.21 Nor was any liability attributable to Ms. Mohr’s claim properly deductible for 1999 by the corporation, or by petitioners, under either the cash or accrual method of accounting. Under the cash method, no deduction should have been recognized until an amount was paid to Ms. Mohr. In 1999, no payment by Wright & Associates or Mr. Wright was made to Ms. Mohr. Under the accrual method, the all events test for liabilities was not satisfied in 1999 for Ms. Mohr’s claim against Mr. Wright, and there was never a claim against Wright & Associates. Ms. Mohr did not make a demand for the return of her invested funds from Mr. Wright until January of 2000, did not file a formal claim with NASD until May 2000, and did not have a fixed legal right to the return of her invested funds until the dispute was resolved in 2002. Mr. Wright seeks in the alternative to justify the $50,000 deduction for 1999 as an accrued liability of his own, for which he allegedly made a reserve. Mr. Wright was not entitled to 21On Wright & Associates’ 1999 Form 1120S, $50,000 was improperly included in the $53,485 return and allowance amount listed on line 1(b), which was subtracted from gross receipts or sales on line 1(a). The notice of deficiency disallowed $50,000, reducing the return and allowance amount to $3,485 and eliminating the $50,000 alleged loan from Mr. Wright shown on Wright & Associates’ books.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011