- 27 - on petitioners' home. Respondent determined that the 1981 dividend resulted from: (1) BarSon's payment of $7,500 to Finley Kumble for petitioners' personal legal fees, (2) BarSon's payment of $2,728 for petitioners' personal promotion expense, (3) BarSon's payment of $6,987 for petitioners' personal travel, and (4) petitioners' personal use of an automobile ($2,295). Petitioners allege that: (1) BarSon's $2,500 payment in 1980 was for professional fees rendered to BarSon, (2) the $1,000 and $18,635 amounts were charged to petitioner's loan account, and later repaid, (3) BarSon's $7,500 payment in 1981 was for professional fees rendered to BarSon, and (4) the $2,728, $6,987, and $2,295 amounts were ordinary and necessary business expenses of BarSon. We agree with respondent that the subject amounts are includable in petitioners' gross income as dividends. A shareholder's gross income includes his or her receipt of any dividend, regardless of whether the dividend was formally declared by the corporation. Sec. 61(a)(7); Loftin & Woodard, Inc. v. United States, 577 F.2d 1206, 1214 (5th Cir. 1978). Where a shareholder receives a distribution of corporate funds for his or her personal benefit, the distribution may be taxed to the shareholder as a dividend to the extent of the corporation's earnings and profits. Ireland v. United States, 621 F.2d 731,Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011