- 34 - dividends to Mr. Sutton. Donisi v. Commissioner, supra; Cordes v. Commissioner, supra. Unexplained Bank Deposits Mr. Sutton argues that the unexplained bank deposits in his personal bank account consist of repayments of his loans to the corporate petitioner, the proceeds of checks cashed by the store, loans from Mr. Palmer, and cash distributions from the estate, all of which would be nontaxable sources. The factual predicate for that argument has not been established. We cannot find that Mr. Sutton made any loans to the corporate petitioner. Thus, any payments out of the corporation to him cannot be repayment of loans. Ms. Stroud's entries to Account 135 support respondent's position, indicating that Mr. Sutton withdrew greater amounts of money than any amounts he may have contributed. Mr. Sutton has not argued that the funds he withdrew from the corporate petitioner were intended to be loans from the corporate petitioner. See Alterman Foods, Inc. v. United States, supra at 877 n.7. We conclude that any funds that Mr. Sutton withdrew from the corporate petitioner were constructive dividends.10 We are unable to attribute any of the unexplained bank deposits in the Suttons' bank accounts to the proceeds of personal 10 Petitioners have not presented argument or proof that any distributions would be nontaxable due to the limitations of the corporate petitioner's earnings and profits.Page: 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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