- 55 - 2. Underpayment Petitioners contend that respondent did not establish by clear and convincing evidence that petitioner underpaid tax. We disagree. A controlling shareholder who causes a corporation, for no business purpose of its own, to transfer earnings to another entity which the shareholder controls may be taxed as receiving income in the amount of the funds transferred. Commissioner v. Makransky, 321 F.2d 598, 602 (3d Cir. 1963), affg. 36 T.C. 446 (1961); Biltmore Homes, Inc. v. Commissioner, 288 F.2d 336 (4th Cir. 1961), affg. T.C. Memo. 1960-53; Helvering v. Gordon, 87 F.2d 663 (8th Cir. 1937); Lonsdale v. Commissioner, 32 F.2d 537 (8th Cir. 1929), affg. 11 B.T.A. 659 (1928). The control which the taxpayer has over the amounts transferred may cause those amounts to be taxable income to the taxpayer. McSpadden v. Commissioner, 50 T.C. 478, 490 (1968) (false mortgage scheme). Funds that petitioner diverted from Resyn to the Polymer and Chemical Traders accounts were taxable income to him. James v. United States, 366 U.S. 213, 219 (1961) (embezzled funds over which the taxpayer had complete dominion and control were taxable income). The Polymer and Chemical Traders accounts were nominee or conduit bank accounts for petitioner during the years in issue. Polymer and Chemical Traders had no business purpose. Petitioner completely controlled them. Petitioner diverted Resyn funds toPage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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