- 19 - 1975); Williams v. Commissioner, 627 F.2d 1032, 1034 (10th Cir. 1980), affg. T.C. Memo. 1978-306. There is no dispute as to the Stables' gross receipts from the purses won by its horses. Respondent estimated the Stables' expenses and deductions from third-party sources, no evidence of which was presented. Respondent attributed all of the resulting net income ($16,022.84) to petitioner. Petitioner is correct that respondent did not allow for all of the Stables' expenses in that fees for one of the trainers were not included. However, petitioner is not before this Court on behalf of the Stables to contest its liability, but in his individual capacity; thus, we need not address the correct amount of the Stables' taxable income.6 There is no evidence that petitioner received an actual or constructive distribution from the Stables. Respondent has not alleged that the Stables was a sham corporation so that its existence as a separate legal entity should be ignored. We find that the Stables was organized for the business purpose of racing horses and did race its horses. The Stables' income should not be attributed to petitioner as dividend income. Petitioner has argued that he is entitled to a loss for his share of the Stables which Singer "stole" from him. Section 6 In some cases, taxpayers must establish the correct amount of a corporation's earnings and profits in order to show that the distribution received was a return of a capital contribution rather than a dividend. However, this is not such a case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011