- 17 - Petitioner husband argued that he could not command his mother and sisters to do as he wished. Although petitioner husband may not be close to his sisters, as he contends, there is no evidence of family discord or that his sisters participated in decision-making at Shin. Henry intended for Shin to remain a family business, and petitioner husband was the only child of Henry that was involved in Shin's operations. Petitioner husband controlled both corporate petitioner Eastimpex and Shin and used the two-tier payment system to skim profits from Eastimpex. The majority of the deposited amounts were then dispersed to or for the benefit of petitioner husband's mother, Lily, who never repaid Shin. Petitioner husband used the two-tier payment system to reduce Eastimpex's income tax by claiming the deposited amounts as costs. At the same time, petitioner husband reduced Shin's Taiwanese income tax by not recording the deposited amounts as income on Shin's books and eliminating any possible evidence that the payments could be treated as income to Shin. As a result, Shin, with petitioner husband's help, was able to avoid reporting the deposits as income to the Taiwanese Government. We find that Eastimpex did not make the deposits as payments for the cost of goods sold. Thus, Eastimpex cannot treat the deposited amounts as part of the cost of goods sold. Constructive DividendsPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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