- 17 - 2. Dividend Income Respondent determined that petitioner had dividend income from petitioner corporation in 1987 as follows: Debt cancellation (forgiveness of debt) $130,230 Use of property and loans (increase in loan by 6/30/87) 346,381 Total 476,611 Respondent conceded that $132,387 of this amount was an MTS bookkeeping error and that $150,000 was transfers from petitioner to petitioner corporation. The parties continue to dispute whether petitioner received $194,224 of dividend income. Petitioner bears the burden of proving that these payments were not dividend income. Rule 142(a); Welch v. Helvering, 290 U.S. at 115. A dividend is a distribution of property by a corporation to its shareholders from its earnings and profits. Sec. 316(a). Gross income includes dividends. Sec. 61(a)(7). Petitioner contends that he made unreimbursed cash advances, including mortgage payments, on petitioner corporation’s behalf. He said that he thought the amount of the cash advances was “around $30,000”. Petitioner’s only evidence on this issue was his vague testimony. Petitioner’s documents, which we discussed above at par. B-1 (pp. 14-15), included one check which was in the amount of $1,590.53 and purported to be a mortgage payment written byPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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