- 22 - evidence more weight than Markovski’s testimony that those deposits were from his ruble hoard, and so find. We do not find sufficient similarities between the March 5, 1992, Markovski deposit of $1,600,000 and any American Valmar transactions to rebut Markovski’s testimony that that deposit was from his ruble hoard, and we so find. We find that the April 22, May 23, May 24, and May 31 Markovski deposits were constructively received by American Valmar and constitute items of gross income to American Valmar for 1991. See, e.g., Truesdell v. Commissioner, 89 T.C. 1280, 1300 (1987) ("diverted amounts taxed to a shareholder as constructive dividends also remain fully taxable to the corporation to which attributable"). We see little difference between those deposits and the ones made on July 1 and 12, 1991. Nevertheless, since respondent has not determined any deficiency in American Valmar’s 1992 tax on account of those deposits,4 we shall ignore them with respect to American Valmar. We find that all of the April 22, May 23, May 24, May 31, July 1, and July 12, 1991, Markovski deposits were distributed to Markovski with respect to his stock. Since petitioners have failed to prove an insufficiency in American Valmar’s earnings and profits, the distributions are dividends includable in Markovski’s 1991 gross income. See secs. 301, 316. 4 See supra note 2.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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