- 16 - Because petitioner has failed to prove error in respondent's determination, we need not address respondent's alternative position that the payments represented wages to petitioner. We note, however, petitioner's argument: There is no dispute that Gibbon's payments were unique among the employees and stockholders of the Corporation. The distinction is that unlike the other employees and stockholders, Gibbons was the only one to loan the Corporation substantial sums of money, to advance on behalf of the Corporation funds for its business expenses and to provide the Corporation with the use of his depreciable equipment for the Corporation's business uses. The unique payments were in recognition and partial satisfaction of these unique activities on its behalf. Inasmuch as petitioner was not paid any salary during 1988 or 1989, petitioner's argument suggests that he was compensated by the payments in dispute. The tax consequences to petitioner would be the same. Allied has not timely argued that it would be entitled to deduct the payments as compensation. Respondent's determination that petitioner received constructive dividends in the amounts of $40,859 and $31,608 for 1988 and 1989, respectively, will be sustained. Sections 121 and 1034 Respondent determined that petitioner is not entitled to exclude or to defer any gain from the sale of the Solomons house. Petitioner contends that he is entitled to exclude $125,000 of gain under section 121 and to rollover $89,667 of gain under section 1034.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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