- 26 - to ABL. These services were not rendered on behalf, or under the control, of CAI. We conclude that the first prong of the requisite two-prong test is not met.19 Accordingly, we hold for respondent. With respect to petitioners' arguments for a contrary holding, we find no credible evidence in the record to persuade us that the organization of CAI was required by Ashland, or that petitioner was not a beneficial owner of CAI. Accordingly, we reject petitioners' allegations to that effect.20 Issue 2. Dividend Income Respondent determined that petitioner received constructive dividends of $22,125 and $19,510 from BarSon during 1980 and 1981, respectively. Respondent determined that the 1980 dividend resulted from: (1) BarSon's payment of $2,500 to Finley Kumble for petitioners' personal legal fees, (2) $1,000 in checks drawn on BarSon's account for petitioners' primary benefit, and (3) BarSon's payment of $18,635 to contractors for work performed 19 In this regard, we also find relevant that petitioner and Dr. Young performed all work necessary to find a source of oil for Ashland. See Zand v. Commissioner, T.C. Memo. 1996-19 (under facts similar in some respects to those here, individual taxed as earner of commissions paid to corporation). 20 We also reject petitioners' allegations that petitioner was ignorant on the formation and operation of CAI, being led astray by the unethical and self-serving conduct of Finley Kumble. The record (including evidence of petitioner's education, intelligence, and business acumen) leads us to conclude that this argument is meritless.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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