Reaves Livestock, Inc., et al. - Page 33

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          payable to Crook Motor Co., Inc. are constructive dividends to              
          petitioners because they controlled the George K. Reaves account.           
          Mr. Reaves lent the funds to Lumberton Paving to buy the vehicles           
          in his capacity as an officer of Reaves Livestock.  Mr. Reaves              
          did not need or personally benefit from the dump truck or the               
          trailer.  Respondent offered no evidence to the contrary.                   
               We conclude that the $11,730 and $23,800 checks to buy the             
          dump truck and trailer were loans from Reaves Livestock to                  
          Lumberton Paving, not constructive dividends to Mr. and Mrs.                
          Reaves.                                                                     
                    c.   George K. Reaves Account Check for the Dillon                
                         House                                                        
               Respondent contends that the proceeds of the check drawn on            
          the George K. Reaves account to buy the Dillon house were a                 
          constructive dividend to Mr. and Mrs. Reaves, primarily because             
          Mrs. Reaves took title to the house.  We disagree.  Reaves                  
          Livestock used the proceeds from this check to buy a house for              
          Grant.  Reaves Livestock had a reasonable business interest in              
          helping Grant live closer to work.  Grant lived in the Dillon               
          house, paid for repairs, taxes, and insurance, and later paid               
          Reaves Livestock for and took title to the house.  Neither Mr.              
          and Mrs. Reaves nor Reaves Livestock made a profit from the                 
          Dillon house.                                                               








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