- 13 -- 13 - C. Whether the Unpaid Balances of the Loans From Activewear to Jackson's Corporations Are Constructive Dividends to Petitioner Respondent contends that the unpaid balances of Activewear's advances to Jackson or his corporations were constructive dividends to petitioner. We disagree. Gross income includes dividends. Sec. 61(a)(7). A dividend is a distribution of property by a corporation to its shareholders from its earnings and profits. Sec. 316(a). A shareholder receives a constructive dividend to the extent of the corporation's earnings and profits if the corporation pays a personal expense of its shareholder or the shareholder uses corporate property for a personal purpose. Secs. 301, 316; Falsetti v. Commissioner, 85 T.C. 332, 356-357 (1985); Henry Schwartz Corp. v. Commissioner, 60 T.C. 728, 743-744 (1973). Whether a shareholder receives a constructive dividend is a question of fact. Hagaman v. Commissioner, 958 F.2d 684, 690-691 (6th Cir. 1992), affg. and remanding T.C. Memo. 1990-655; Loftin & Woodard, Inc. v. United States, 577 F.2d 1206, 1214-1215 (5th Cir. 1978). Petitioner did not use or receive any benefit from the unpaid balance of Activewear's loans to Jackson or his corporations. Petitioner used his own funds to compensate for Jackson's failure to repay Activewear. Petitioner reasonably believed that it was in Activewear's interest to help Jackson and to earn interest for Activewear.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011