Mohan Roy, M.D., Inc. - Page 15

                                       - 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