Charles R. Bowden and Sue I. Bowden - Page 31

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            machines, in part, because they did not own or show their                                  
            ownership of the machines.                                                                 
                  Respondent proposed several arguments in response to                                 
            petitioners’ argument that they are not required to report the                             
            income if we find, as we did, that they did not own the vending                            
            machines.  Respondent argued that payments made to third parties                           
            on behalf of a corporation’s sole shareholder are income to the                            
            shareholder.  That argument is inapposite with respect to the                              
            amounts petitioners reported on their 1986 and 1989 returns as                             
            income from the vending machines that they believed they owned.                            
            In another part of this opinion we address the question of                                 
            whether payments made to or on behalf of petitioners are income                            
            to them and should have been reported by them.                                             
                  Respondent also argued that petitioners constructively                               
            received the income from the vending machines and income from the                          
            sale of the Crestwood property.  As to the constructive receipt,                           
            respondent does not contend that petitioners specifically                                  
            received the $163,001 or $72,817 amounts from the corporations or                          
            that those amounts are constructive dividends.  Although the                               
            record reflects that petitioners are required to report certain                            
            income they received as compensation or because the                                        
            corporation(s) paid petitioners’ obligations, that matter is also                          
            addressed in another portion of this opinion.  Attribution of the                          
            amounts reported as vending machine receipts to the amounts                                





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