Raymond R. Weigel - Page 5

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          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.  The                



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