- 25 - Priscilla constitutes a constructive dividend to individual petitioners. Edward and Stanley also received money from the Coast and First Pacific accounts. Edward stated that he received the money because he had a need for U.S. funds, but he could not remember what he used the money for. Edward also contends that he repaid the money to Shin within a short period of time. Respondent suggests that Edward and Stanley may have received these checks because individual petitioners owed them money or as their take of a scheme to divert funds from Eastimpex. However, there is no evidence that the payments to Stanley and Edward provided any personal economic benefit to individual petitioners or were for a purpose of individual petitioners. Thus, we find that these amounts are not constructive dividends to individual petitioners, regardless of whether Edward and Stanley repaid the amounts to Shin. Alternatively, individual petitioners argue that Eastimpex had a valid business reason for any payments under the 1986 Agreement because the Wan Yang Chen family threatened the stability of Shin, which was a major supplier of Eastimpex. There was no evidence that Daniel Chen would obtain control of Shin. Rather, he threatened to expose the two-tier payment system to the Taiwanese Government. Individual petitioners contend that Eastimpex did not receive any benefit from the two- tier payment system except a delay in having to pay for a smallPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011