Charles L. Fields and Barbara S. Fields - Page 26

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          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.                                   






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