Chong-Kak and Sang-Ok Lee - Page 14

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          distribution arises, the amount (if any) of the distribution that           
          is taxable to the recipient shareholder is determined by                    
          reference to section 301(c).  Section 301(c)(1) provides that the           
          amount of the distribution that is a dividend is included in                
          gross income.  Section 301(c)(2) provides that the amount of the            
          distribution that is not a dividend reduces the adjusted basis of           
          the related stock.  Section 301(c)(3)(A) generally provides that            
          the amount of the distribution that is not a dividend, and that             
          exceeds the adjusted basis of the related stock, is gain from the           
          sale or exchange of property.                                               
               Petitioners argue that respondent's determination of the               
          constructive distributions is erroneous because the Lees did not            
          receive the subject distributions.  In support of petitioners'              
          argument, the Lees, a number of their relatives, and Ms. Chong              
          testified:  (1) The Lees did not receive any distributions from             
          Hamalee during the relevant years, and (2) most of the unreported           
          income was attributable to moneys and/or inventory stolen from              
          Hamalee by Mr. Won and his brother.  With respect to petitioners'           
          latter contention, their witnesses generally testified that the             
          Lees learned in 1989 that Mr. Won and his brother had been                  
          stealing money and/or inventory from Hamalee since 1986.  To                
          attempt to support this testimony, petitioners presented some               








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