- 28 - 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 usedPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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