MTS International, Inc. - Page 17

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            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 by                                





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