- 47 - transferred that amount as a capital contribution to Yarbrough Leasing in order to provide Yarbrough Leasing the funds necessary to purchase the Sylva Residence. See Sammons v. Commissioner, 472 F.2d 449 (5th Cir. 1972), affg. in part and revg. in part T.C. Memo. 1971-45. In calculating the amount of the constructive dividend to be charged to Elvin relating to the Sylva residence, respondent did not give Elvin credit for a $50,000 repayment that was made by Elvin or by Yarbrough Leasing the day after the $65,000 was transferred to Yarbrough Leasing. This treatment by respondent is inconsistent with the treatment that respondent gave to payments made by Elvin on the debit balance in the YOC-Elvin Account. As explained, respondent, with regard to the YOC-Elvin Account, in each year charged Elvin only with constructive dividends for the annual net increase in the outstanding balance on the YOC-Elvin Account. We conclude that only $15,000 of the $65,000 (namely, the $65,000 transferred by YOC to Yarbrough Leasing less the $50,000 repayment) relating to the Sylva Residence should be treated as a constructive dividend to Elvin. Travel and Entertainment Expenses -- Claimed Business Expenses and Constructive Dividends Petitioners argue that for 1983, 1984, and 1985, the expenses of $22,014, $14,012, and $22,080, respectively, incurred by YOC for Elvin's travel and entertainment qualify as validPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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