- 8 - audit began. Burden relied solely on the prior returns, prepared by petitioner, in arriving at the beginning loans from stockholders entry he used in preparing the amended returns. No other documentation, such as promissory notes or repayment schedules, was available to verify the existence of such loans. Petitioner, with prior experience in the finance industry, understood the importance of documenting loans, if indeed loans existed. Attempts by petitioner to characterize retroactively the payments he received as loan repayments are not credible. See Noble v. Commissioner, 368 F.2d 439 (9th Cir. 1966), affg. T.C. Memo. 1965-84. We conclude, therefore, that the payments from FBI to petitioner were not loan repayments. See Reis v. Commissioner, T.C. Memo. 1995-231; Cordes v. Commissioner, T.C. Memo. 1994-377. Pursuant to the parties' stipulation, the payments for the personal benefit of petitioner are constructive dividends. Payments for the Benefit of Mathers, Jr. "The power to dispose of income is the equivalent of ownership of it. The exercise of that power to procure the payment of income to another is the enjoyment, and hence the realization, of the income by him who exercises it." Helvering v. Horst, 311 U.S. 112, 118 (1940). The assignment of income principle has been extended to situations such as this instance where one with a controlling interest in the corporation has the power to direct corporate funds to another. See Green v. UnitedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011