Robert D. Grossman, Jr. - Page 39

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          or absence of fraud, the trier of the facts must consider the               
          native equipment and the training and experience of the party               
          charged.”  Iley v. Commissioner, 19 T.C. 631, 635 (1952).                   
               Petitioner is a practicing attorney with an LL.M. in                   
          taxation degree from New York University.  Petitioner was a                 
          senior trial attorney in the Trial Branch of the Tax Court                  
          Litigation Division, Office of Chief Counsel, Internal Revenue              
          Service, for 4 years.  He has been in private practice,                     
          specializing in tax law, for about 20 years.  Petitioner is a               
          member of the bar of this Court.                                            
               Petitioner understands that a shareholder-taxpayer receives            
          a constructive dividend when a corporation in which a taxpayer              
          owns stock pays the personal expenses of that shareholder without           
          the expectation of repayment.  We take judicial notice of a case            
          in this Court, First Teachers Investment Corp. v. Commissioner,             
          T.C. Memo. 1980-302, involving constructive dividends, in which             
          petitioner appeared as counsel for the taxpayer, and a Case                 
          before the Court of Appeals for the Fourth Circuit, Clevenger v.            
          Commissioner, 826 F.2d 1379 (4th Cir. 1987), affg. T.C. Memo.               
          1986-149, also involving constructive dividends, in which                   
          petitioner appeared on brief for the taxpayer.  Petzoldt v.                 
          Commissioner, 92 T.C. at 674; Estate of Reis v. Commissioner, 87            
          T.C. 1016, 1027 (1986).  Further, we believe that petitioner                
          knows that expenses can be apportioned between the business and             





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