- 15 - Roy's salary. We find the testimony of Mohan Roy and the accountant credible on this point. Thus, we hold that the constructive dividends do not include the amount of insurance premiums paid by Roy, Inc. for 1994 only (there was no corroboration with respect to the other years in issue).7 Neither Mohan Roy nor his accountant testified with respect to any other operating expenses (vehicle registration fees, maintenance and repairs, and gasoline) paid by Roy, Inc. relating to the Rolls Royce. Respondent conceded on brief that the depreciation expenses did not constitute constructive dividends to the Roys. On the basis of the record before us, we hold that the amount of constructive dividends paid by Roy, Inc. to the individual petitioners is the amount of operating expenses paid by Roy, Inc. for the use of the Rolls Royce during the years in issue, excluding depreciation, and less the insurance premiums paid in 1994. 7 No evidence was introduced to show that the 1994 insurance premium payments were meant to serve as compensation even though we found they were included in Mohan Roy's salary. The payments are deductible only if the corporation intended them to be compensation for services rendered. See Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1340-1342 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974); see also Goldstein v. Commissioner, 298 F.2d 562, 566 (9th Cir. 1962), affg. T.C. Memo. 1960-276. As a result, Roy, Inc. is not entitled to deduct the amount of the 1994 insurance premium payments as reasonable compensation under sec. 162.Page: 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