Charles L. Fields and Barbara S. Fields - Page 28

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          735 (5th Cir. 1980); Loftin & Woodard, Inc. v. United States,               
          supra at 1214; Melvin v. Commissioner, 88 T.C. 63 (1987), affd.             
          894 F.2d 1072 (9th Cir. 1990); see also Old Colony Trust Co. v.             
          Commissioner, 279 U.S. 716 (1929) (payment of taxes by                      
          corporation constitutes additional income to taxpayer).  Key to             
          the test of the taxability of a distribution as a dividend is               
          whether the shareholder receives an economic benefit from the               
          corporation without any expectation of repayment, and whether the           
          benefit is primarily of a personal nature, unrelated to the                 
          corporation's business.  Ireland v. United States, supra at 735;            
          Loftin & Woodard, Inc. v. United States, supra at 1215-1217.                
               Under the facts at hand, we conclude that petitioners                  
          received an economic benefit from CAI, which they assumed no                
          obligation to repay.  Petitioners used BarSon's funds for their             
          personal purposes, and petitioner was a 50-percent shareholder of           
          the two-shareholder corporation.  Although petitioners claim that           
          some of these funds (the $1,000 in checks and the $18,635 used              
          for home improvements) were lent to petitioner by BarSon for his            
          personal use, the record does not support this naked assertion.             
          We are unpersuaded that BarSon and petitioners intended for                 
          petitioners to pay back any of the funds that they used for their           
          personal benefit.  See Litton Business Sys., Inc. v.                        
          Commissioner, 61 T.C. 367, 377 (1973).  Because petitioners used            








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