Don A. Chan and Cecilia Chan - Page 17

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                  Petitioner husband argued that he could not command his                                
            mother and sisters to do as he wished.  Although petitioner                                  
            husband may not be close to his sisters, as he contends, there is                            
            no evidence of family discord or that his sisters participated in                            
            decision-making at Shin.  Henry intended for Shin to remain a                                
            family business, and petitioner husband was the only child of                                
            Henry that was involved in Shin's operations.                                                
                  Petitioner husband controlled both corporate petitioner                                
            Eastimpex and Shin and used the two-tier payment system to skim                              
            profits from Eastimpex.  The majority of the deposited amounts                               
            were then dispersed to or for the benefit of petitioner husband's                            
            mother, Lily, who never repaid Shin.  Petitioner husband used the                            
            two-tier payment system to reduce Eastimpex's income tax by                                  
            claiming the deposited amounts as costs.  At the same time,                                  
            petitioner husband reduced Shin's Taiwanese income tax by not                                
            recording the deposited amounts as income on Shin's books and                                
            eliminating any possible evidence that the payments could be                                 
            treated as income to Shin.  As a result, Shin, with petitioner                               
            husband's help, was able to avoid reporting the deposits as                                  
            income to the Taiwanese Government.  We find that Eastimpex did                              
            not make the deposits as payments for the cost of goods sold.                                
            Thus, Eastimpex cannot treat the deposited amounts as part of the                            
            cost of goods sold.                                                                          
            Constructive Dividends                                                                       






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