Raymond R. Weigel - Page 17

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          loan proceeds to repay a preexisting note Goshorn owed the bank.            
          Goshorn reduced petitioner's shareholder loan account by the                
          amount of proceeds.  This loan was secured by a lien on peti-               
          tioner's principal residence.  These repayments weigh in favor of           
          treating the disbursements as loans.                                        
          Summary                                                                     
               In summary, despite petitioner's testimony that he intended            
          the advances to be loans, the objective factors heavily weigh in            
          favor of constructive dividends.  Therefore, we sustain respon-             
          dent's determination that, for tax years 1987, 1988, 1989, and              
          1990, the amounts of $21,040, $216,621, $52,775, and $102,196,              
          respectively, constitute dividends to petitioner rather than                
          loans.                                                                      
          Addition to Tax for Late Filing                                             
               Section 6651(a)(1) imposes an addition to tax for a tax-               
          payer's failure to timely file a return, unless the taxpayer                
          shows that the failure is due to reasonable cause.  The amount              
          added to the tax is 5 percent of the tax required to be shown on            
          the return if the failure is for not more than one month, with an           
          additional 5 percent for each additional month or fraction there-           
          of during which the failure continues, but not to exceed 25 per-            
          cent in the aggregate.  Sec. 6651(a)(1); sec. 301.6651-1(a)(1),             
          Proced. & Admin. Regs.  For purposes of calculating the addition            
          to tax, the date prescribed for filing is determined by taking              






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