Northwestern Indiana Telephone Company - Page 83

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            membership was purchased in anticipation of Rhys' returning to                             
            NITCO's employ, because a waiting list existed at the country                              
            club for memberships.  They assert that, following his resumption                          
            of employment with NITCO, the membership would be used by Rhys in                          
            connection with NITCO's business activities.                                               
                  In view of the substantial expenditures NITCO made for                               
            NICATV's and Rhys' benefit that we have held to be constructive                            
            dividend income to Mr. Mussman, we are extremely skeptical of                              
            petitioners' claims with respect to NITCO's payment of the club                            
            initiation fee for Rhys.  Petitioners have failed to establish                             
            that the expenditure was a business expenditure of NITCO, rather                           
            than constructive dividend income to Mr. Mussman.  Consequently,                           
            we sustain respondent's determination that the $1,800 expenditure                          
            to obtain a country club membership for Rhys was constructive                              
            dividend income to Mr. Mussman.  Rule 142(a).                                              

            Cellular Telephone and Other Investments                                                   

                  In the notice of deficiency issued to the Mussmans,                                  
            respondent determined that $88,484 of legal expenditures that                              
            NITCO made with respect to certain "cellular telephone and other                           
            investments" was constructive dividend income to Mr. Mussman in                            
            1989.  NITCO claimed no deduction for these expenditures.                                  
                  Petitioners contend that a substantial portion of the                                
            $88,484 in total expenditures was actually paid by NITCO in 1988,                          
            rather than in 1989, and that these 1988 payments were                                     
            erroneously determined by respondent to be constructive dividend                           



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