- 14 - As a result of the above transaction, Elvin, in 1986, as controlling shareholder of YOC, effectively withdrew $325,939 from YOC and, as a 50-percent shareholder of NRDC, made a capital contribution of that amount to NRDC to enable NRDC, along with Koons' matching contribution of approximately $325,939, to purchase the above-referred-to real property. On audit, respondent determined that for each year in issue the yearend net increase over the prior year in the debit balance of the YOC-Elvin Account represented a constructive dividend to Elvin. The net increases for 1983, 1984, 1985, and 1986, treated by respondent as constructive dividends to Elvin (limited by YOC's annual earnings and profits), were $137,673, $17,510, $64,825, and $180,906, respectively. The Yacht Capriole On or about August 6, 1984, a used 60-foot motor yacht named the Capriole was purchased from David M. Ponce (Ponce) for $80,000 in cash. Elvin created a false invoice reflecting that Ponce traded in the Capriole to YOC in exchange for a 1983 Oldsmobile Firenza with a stated value of $5,500. Elvin, using YOC's funds, made a cash downpayment to Ponce of $5,000, and then applied to Barnett Bank of St. John's County (Barnett Bank) for an $80,000 loan, nominally on behalf of YOC, to provide the remaining funds for purchase of the yacht. With regard to the $80,000 loan application, on September 27, 1984, Elvin signed aPage: 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