Northwestern Indiana Telephone Company - Page 82

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                  We conclude that petitioners have failed to establish that                           
            these 1988 and 1989 utility bill payments with respect to the 301                          
            Washington Street property furthered NITCO's interest and were of                          
            direct and substantial benefit to NITCO.  The payments primarily                           
            benefited Rhys and NICATV.  On the record presented, we also are                           
            not able to determine the extent of the storage use NITCO made of                          
            the building.  We decline to speculate and allocate a portion of                           
            the utility bill payments to a business use of NITCO.20                                    
            Petitioners have further failed to establish that the remaining                            
            balance of the disputed 1988 "open account loans" furthered                                
            NITCO's interest and directly and substantially benefited NITCO.                           
            We hold that Mr. Mussman had constructive dividend income of                               
            $7,058.11 for 1988 and $3,263.51 for 1989, as a result of the                              
            "open account loans".21                                                                    

            Country Club Initiation Fee                                                                

                  In early 1989, NITCO paid an $1,800 initiation fee on behalf                         
            of Rhys to obtain a country club membership for Rhys.                                      
            Petitioners have acknowledged that Rhys was not a NITCO employee                           
            until after July 1, 1989.  However, they argue that the club                               


            20The utility bill payments were for electricity, gas,                                     
            sewage, and water services provided to the 301 Washington Street                           
            property.  To the extent that NITCO made some incidental use of                            
            the building for storage, it is difficult to quantify the actual                           
            benefit that resulted to NITCO from the payments.                                          
            21From petitioners' arguments in their posttrial briefs                                    
            concerning this issue, we gather that petitioners are not                                  
            contending that NITCO had made a bona fide loan to Mr. Mussman                             
            with respect to these payments.                                                            


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