- 15 - treat the payments of petitioner's personal expenses as loan repayments. Petitioner's attempts to characterize retroactively the payments he received from Allied as loan repayments are not persuasive. See Noble v. Commissioner, 368 F.2d 439 (9th Cir. 1966), affg. T.C. Memo. 1965-84. The pattern of payments from Allied for petitioner's benefit is more consistent with constructive dividends. See Reis v. Commissioner, T.C. Memo. 1995-231; Cordes v. Commissioner, T.C. Memo. 1994-377. Petitioner contends that Allied did not have earnings and profits from which to pay a dividend in 1988 or 1989. Respondent concedes that Allied did not make a profit in 1988. However, respondent argues that petitioner has failed to show that there were no historical earnings available in 1988. Petitioner argues that Allied was only a corporate shell between its incorporation in 1986 and 1988 and that no historical earnings could exist. Petitioner's contention is not supported by any evidence in the record. Petitioner has not met his burden of proving that Allied had insufficient earnings and profits to support the distribution of dividends, to the extent determined by respondent, during the years in issue. Truesdell v. Commissioner, 89 T.C. 1280, 1295 (1987); see Rescigno v. Commissioner, T.C. Memo. 1991-479; Malicki v. Commissioner, T.C. Memo. 1988-559, affd. sub nom. Gold Emporium, Inc. v. Commissioner, 910 F.2d 1374 (7th Cir. 1990).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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