Mohan Roy, M.D., Inc. - Page 12

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          Issue 2. Constructive Dividends                                             
               The second issue for decision is whether the individual                
          petitioners must include in income as a constructive dividend the           
          value of Mohan Roy's use of the Rolls Royce.  The individual                
          petitioners contend that the Rolls Royce was used solely for                
          business purposes, and thus they should not realize income from             
          Mohan Roy's sparse use of the Rolls Royce.                                  
               Distributions of property from a corporation to a shareholder          
          with respect to its stock constitute dividends to the extent of the         
          corporation's earnings and profits. Secs. 301(c), 316(a).                   
          Dividends may be formally declared or they may be constructive.             
          Noble v. Commissioner, 368 F.2d 439, 442 (9th Cir. 1966), affg.             
          T.C. Memo. 1965-84.  Nondeductible expenditures made by a                   
          corporation for the personal benefit of a shareholder constitute a          
          constructive dividend to that shareholder.  Meridian Wood Prods.            
          Co. v. United States, 725 F.2d 1183, 1191 (9th Cir. 1984);                  
          Falsetti v. Commissioner, 85 T.C. 332, 356-358 (1985); Challenge            
          Manufacturing Co. v. Commissioner, 37 T.C. 650, 663 (1962).                 
          Dividends are includable in the shareholder's gross income.  Sec.           
          61(a)(7). In the instant case, as discussed supra, we have found            
          that the expenses associated with the Rolls Royce are not ordinary          










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