- 5 - able dividend to petitioner for that year. Petitioner challenges this conclusion, claiming that the leasehold improvements were not taxable dividends. Loans During the taxable years at issue, Goshorn made transfers of cash to petitioner. There are no notes memorializing any of these cash transfers. Goshorn's transfers to petitioner were disclosed in Goshorn's financial statements that were given to third parties. Goshorn has never declared a dividend. Respondent determined in the notice of deficiency that these advances, characterized as loans on Goshorn's financial statements, were in fact dividends to petitioner. Respondent determined that petitioner received dividend income in the following amounts: Tax Year Amount 1987 $21,040 1988 216,621 1989 52,775 1990 102,196 According to its 1986 fiscal year Federal income tax return, as of November 1, 1987, Goshorn had no outstanding loans to stockholders and had unappropriated retained earnings of $867,958. During Goshorn's tax year ending October 31, 1988, Goshorn made transfers of $350,059.92 to or for the benefit of petitioner, and petitioner was credited with $168,1243 in reduc 3The $168,124 credited to petitioner during the fiscal year ending Oct. 31, 1988, consisted of two overall amounts. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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