3ABN Takes Loss in House Sale Doesn't Report It As Compensation
According to courthouse documents signed by
3ABN board chairman Walt Thompson, Danny and Linda Shelton bought a house from 3ABN on September 25, 1998,
for a mere $6,139. One week later the Sheltons sold the very same house for $135,000.
Danny Shelton's raking in a nearly $129,000 profit
in just seven days from this real estate deal raised several questions:
- Did Danny Shelton report this profit on his 1998 tax return?
- If so, did he report it as a short-term or as a long-term capital gain?
- Did 3ABN report their "gift" of "Lot 6" to Danny for only $6,139 on his W-2?
- Did 3ABN also report this "gift" on their 1998
Form 990 as part of their compensation to Danny?
Since 3ABN's Form 990's are publicly available documents, we can now answer the fourth question above.
The attachment to the 1998 Form 990 has the
following entries:
Item |
|
Book Value |
Gross Value |
Gain (loss) |
Downlink |
|
47,619.57 |
$250,000.00 |
$202,380.43 |
House |
|
52,781.05 |
6,129.00 |
(46,652.05) |
Piano |
|
0.00 |
2,000.00 |
2,000.00 |
|
|
Totals |
100,400.62 |
258,129.00 |
$157,728.38 |
|
The above figures claim that the house was sold at a $46,652.05 loss, the very house that the Sheltons
sold one week later at a nearly $129,000 profit.
The attachment to the 1998 Form 990,
as can be seen below, also shows Danny Shelton as making $49,862.66 in 1998,
and Linda Shelton as making $44,334.10. Given these amounts, and given the fact that the
990 claims the house as a
loss, it seems apparent that 3ABN's "gift" of the house is not being reported as part of the Sheltons'
compensation.
Thus, according to 3ABN:
- The house was "sold" to the Sheltons.
- It was knowingly sold for a price far below fair market value.
- It was reported as a loss rather than as compensation.
By reporting the sale as a loss rather than as compensation to the Sheltons, 3ABN hid from the IRS the fact
that this sale was personally benefiting officers and directors of this 501(c)3 non-profit corporation. We hope
this was unintentional.
One is led to ask why Danny Shelton, who as president of 3ABN should have been looking out
for 3ABN's best interests instead of his own, did not have 3ABN sell the home at the hefty profit
instead of himself.
If the 990 does not report the "gift"
of the house as compensation, it seems highly unlikely that Danny's W-2 reported it as part of his
compensation either.
This leaves us with just two questions remaining of our original four:
- Did Danny Shelton report this profit on his 1998 tax return?
- If so, did he report it as a short-term or as a long-term capital gain?
|