Chong-Kak and Sang-Ok Lee - Page 13

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          282, 294-295 (1938); Seagate Technology v. Commissioner, 102 T.C.           
          149, 186 (1994), and we refuse to follow Stan Lee's conclusions             
          here.  We sustain respondent's determination that Hamalee's gross           
          profit percentage is 12 percent for each relevant year, and that            
          Hamalee has unreported sales income of $577,488 for its 1985                
          taxable year, $554,815 for its 1986 taxable year, $387,504 for              
          its 1987 taxable year, and $550,763 for its 1988 taxable year.              
          Because Hamalee is an S Corporation for its 1987 and 1988 taxable           
          years, we also sustain respondent's determination that Hamalee's            
          income for those years is includable in the Lees' 1987 and 1988             
          taxable incomes.                                                            
          2.  Constructive Distributions                                              
               A distribution may constructively arise when corporate funds           
          are diverted to a shareholder's personal use; e.g., to pay a                
          shareholder's personal expense or to discharge his or her                   
          personal obligation.  A constructive distribution may arise even            
          when the distributing corporation does not formally declare that            
          it is making a distribution.  Crosby v. United States, 496 F.2d             
          1384, 1388 (5th Cir. 1974); Tollefsen v. Commissioner, 431 F.2d             
          511 (2d Cir. 1970), affg. 52 T.C. 671 (1969); Dean v.                       
          Commissioner, 57 T.C. 32 (1971); Challenge Manufacturing Co. v.             
          Commissioner, 37 T.C. 650 (1962).  When a constructive                      








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