- 14 - 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 somePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011