American Valmar International Ltd., Inc., et al. - Page 22

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            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.                                                                      




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