Yarbrough Oldsmobile Cadillac, Inc. - Page 47

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          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 valid                




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