Reaves Livestock, Inc., et al. - Page 31

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          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.                                                                    












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