Don A. Chan and Cecilia Chan - Page 21

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            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.                                                                                






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