- 12 - 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 ordinaryPage: 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