Clifford F. Asher - Page 15

                                       - 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, or                   




Page:  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