- 41 - interest in this real property, which was purchased in the name of NRDC. Elvin and Koons were the sole shareholders of NRDC. We do not find it particularly significant that in 1987 YOC's outside accounting firm transferred the $325,939 debit from the YOC-Elvin Account to an account receivable due from NRDC in that amount. There is no credible evidence that the $325,939 debited in 1986 to the YOC-Elvin Account was intended to be a loan to NRDC. Petitioners did not introduce into evidence any books and records of NRDC supporting their argument that the $325,939 was intended to be a loan to NRDC, and there was no explanation at trial as to why the records of NRDC were not produced at trial. Further, there is no indication in YOC's books and records indicating that NRDC made any repayments to YOC of the $325,939. We conclude that the $325,939 that YOC provided for purchase of the real property should be treated as a constructive dividend to Elvin, followed by a $325,939 contribution by Elvin to the capital of NRDC. See Sammons v. Commissioner, 472 F.2d 449 (5th Cir. 1972). Many of the credits or repayments reflected in the YOC-Elvin Account related to YOC's declaration of salary adjustments or bonuses to Elvin. These credits are not entitled to significant weight in our consideration of how to treat the annual net increase in the YOC-Elvin Account. See Epps v. Commissioner,Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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