- 19 - to the condominium. Petitioners have failed to prove that such amount was disbursed at the direction of Diapazon. Except with respect to the transfer, respondent’s determination of a deficiency is sustained to the extent it relates to respondent’s disallowances of purchases. IV. Constructive Dividends During 1991 and 1992, Markovski received seven deposits into his bank accounts by wire transfer from abroad (the Markovski deposits). Six of those deposits were made in 1991 and totaled $746,340. The seventh deposit was made in 1992 in the amount of $1,600,000. Respondent treated the Markovski deposits as if they had been received by (and belonged to) American Valmar and had then been distributed to Markovski with respect to his stock. Respondent made positive adjustments to American Valmar’s income on the basis that the Markovski deposits were items of gross income to American Valmar.2 Respondent made positive adjustments in Markovski’s income on the basis that the Markovski deposits constituted constructive dividends from American Valmar.3 2 In his notices of deficiency to American Valmar, respondent labels the adjustments to American Valmar’s income “Receipts From Shareholder Account”. The adjustments are $613,410 and $1,600,000 for American Valmar’s taxable years ending June 30, 1991, and 1992. Inexplicably, respondent has omitted making an adjustment to American Valmar’s 1992 income for the Markovski deposits in the amounts of $52,730 and $80,200 received by Markovski on July 1 and 12, 1991, respectively. 3 The adjustment for 1991 totaled $803,477, which is $57,137 greater than the Markovski deposits received during 1991. (continued...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011