- 31 - constructive dividends to Mr. and Mrs. Reaves unless they were used for their personal benefit. The Lumberton Auction Co. checks were not paid for Mr. and Mrs. Reaves' personal benefit except for the $95 check payable to Mr. Reaves. 4. Undecipherable Check Payable to Mike Reaves and Endorsed by Mike Reaves Respondent contends that Mr. Reaves received the cash from an undecipherable check payable to Mike Reaves. We disagree. Mike Reaves endorsed the check and received the cash. We conclude that it is not a constructive dividend to Mr. and Mrs. Reaves. 5. Disputed Checks Written on the First Citizens Accounts The parties dispute whether several checks (described next) written on the First Citizens accounts are constructive dividends to Mr. and Mrs. Reaves. Respondent contends that they are, because Mr. and Mrs. Reaves controlled the disposition of the funds in the First Citizens accounts and petitioners used the proceeds of these checks for personal purposes. Petitioners contend that they used the proceeds from these checks for business purposes and that they did not receive any personal benefit.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011