- 21 - and revg. in part 61 T.C. 624 (1974). The benefit to the shareholder must be a direct, tangible benefit. Rapid Elec. Co. v. Commissioner, supra; Ross Glove Co. v. Commissioner, 60 T.C. 569, 595 (1973). Individual petitioners contend that the bank accounts do not constitute constructive dividends to them because they did not receive the funds from the accounts. As we held above, corporate petitioner has failed to prove that the deposits were made for a business purpose; i.e., cost of goods sold. Petitioners provided convoluted and somewhat perplexing reasons for Shin's wanting to maintain the two-tier payment system. First, as stated above, Shin wanted to understate its income to offset its inability to subtract cash expenditures for which it lacked receipts. Because Eastimpex's payment of the invoice price was cleared through Taiwan's central bank, petitioners contend that the Taiwanese Government had a record of the invoice price as income from sales. Second, Shin viewed the exchange rate used by the central bank as less favorable than the street rate for U.S. currency and wanted to receive some funds in U.S. dollars to exchange outside of the central bank system. Third, Shin maintained the accounts so that shareholders and employees with a need for U.S. dollars could have easy access to them as the Taiwanese Government imposed currency restrictions that impaired the ability to obtain U.S. dollars.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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