- 15 - basis in the Castro Valley house was not reduced by the amount of the deferred gain. Therefore, for purposes of computing the gain on the sale of the house, petitioner's basis in the house is its $120,666 cost. Petitioner realized $158,244 on the sale of the house, and his gain is $37,578 ($158,244 less $120,666). Since petitioner reported $8,451 of taxable gain on the sale of the house, he must include the additional gain of $29,127 in income for 1990. 2. Whether Petitioner Received a Constructive Dividend as a Result of the Construction of the Loft Section 61(a) includes in a taxpayer's gross income dividends received by the taxpayer. Section 316(a) defines a dividend as any distribution of property by a corporation to its shareholders out of earning and profits. A taxpayer can be charged with disguised or constructive dividend income even though the corporation has not observed the formalities of dividend declaration, has not made a pro rata distribution to the entire class of stockholders, and did not record the distribution as a dividend for bookkeeping purposes and even though neither the corporation nor the shareholder intended a dividend. See Crosby v. United States, 496 F.2d 1384 (5th Cir. 1974); United States v. Smith, 418 F.2d 589, 593 (5th Cir. 1969); Paramount- Richards Theatres, Inc. v. Commissioner, 153 F.2d 602 (5th Cir. 1946), affg. a Memorandum Opinion of this Court. Where a corporation has incurred costs to construct, maintain, orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011