Lynnda Speer, Donor, et al. - Page 16

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          $78,199 on their joint income tax returns for 1988, 1989, and               
          1990, respectively.                                                         
               Also during 1988 through 1990, Mr. Speer and Mr. Paxson                
          owned 51 percent and 49 percent, respectively, of the stock of              
          Maximo Marina, Inc. (Maximo).  Maximo was an S corporation that             
          operated a full-service marina.  Maximo also operated a used car            
          sales operation (Maximo Motors) during part of 1988 and 1989.               
          Mr. Speer would visit Maxima Motors on his way to HSN to check on           
          its operations and review the prior day’s sales.  Mr. Speer                 
          reported losses from Maximo of $477,836, $1,098,156, and $632,643           
          on petitioners’ joint income tax returns for 1988, 1989, and                
          1990, respectively.                                                         
               Mr. Speer did not keep a diary of the amount of time he                
          devoted to Gateway and Maximo during 1988, 1989, and 1990.                  
          During those years, Mr. Speer performed work for approximately 30           
          family-owned companies; however, he devoted a majority of his               
          time, approximately 75 percent, to his duties at HSN.  Mr. Speer            
          typically worked for these companies in an executive capacity,              
          making management decisions.  Generally, Mr. Speer would try to             
          visit his various companies two or three times a week.                      

                                       OPINION                                        

          Constructive Dividend Issue                                                 

               The first issue is whether petitioners received constructive           





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