- 34 - Memo. 1964-190; Melvin v. Commissioner, 88 T.C. 63 (1987), affd. per curiam 894 F.2d 1072 (9th Cir. 1990); Challenge Manufacturing Co. v. Commissioner, 37 T.C. 650, 663 (1962); American Properties, Inc. v. Commissioner, 28 T.C. 1100, 1115 (1957), affd. 262 F.2d 150 (9th Cir. 1958). In addition, the corporation will not be allowed to deduct costs of owning and maintaining property and other expenses that are attributable to personal use of the property by the shareholders. United Aniline Co. v. Commissioner, 316 F.2d 701, 705 (1st Cir. 1963), affg. T.C. Memo. 1962-60; Challenge Mfg. Co. v. Commissioner, supra at 663. In determining whether constructive dividends have been received by a shareholder, the key factors to consider are whether the shareholder received economic benefit from the corporation without expectation of repayment therefor and whether corporate benefits made available to the shareholder represented benefits primarily of a personal nature and did not relate to the business of the corporation. Ireland v. United States, supra at 735; Loftin & Woodard, Inc. v. United States, supra at 1215-1217. A mere declaration by a shareholder that a withdrawal was intended as a loan is insufficient if the transaction fails to meet more reliable indicia of debt. Williams v. Commissioner, 627 F.2d 1032, 1034 (10th Cir. 1980), affg. T.C. Memo. 1978-306; Alterman Foods, Inc. v. United States, 505 F.2d 873, 876 (5th Cir. 1974).Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011