Ronald D. Ciaravella - Page 21

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          benefit on its shareholder, and whether the item primarily                  
          benefits the shareholder's personal interests as opposed to the             
          business interests of the corporation.  Ireland v. United States,           
          621 F.2d 731, 735 (5th Cir. 1980); Chapman v. Commissioner, T.C.            
          Memo. 1997-147; Gill v. Commissioner, supra.                                
               We have held that substantial portions of the payments made            
          by Dolphin through Innovative to Mr. Ciaravella, which were                 
          reported as gross receipts on the Innovative Schedules C, are               
          deductible as advertising expenses of Dolphin.  To the extent               
          that such expenses are deductible by Icarus on the consolidated             
          returns, they do not constitute constructive dividends to Mr.               
          Ciaravella, inasmuch as such amounts primarily benefit the                  
          business interests of Dolphin.                                              
               The remaining portions of the Innovative gross receipts                
          consist of: (1) The race car expenses paid by Dolphin that are              
          disallowed as deductions on the Icarus consolidated returns;                
          (2) the portion of payments made by Dolphin that were eventually            
          paid to trade publications and magazines in which Dolphin                   
          advertised; and (3) payments by third parties for the sale of               
          race car parts and rental of the race car and race car equipment.           
               We hold that these remaining portions of the gross                     
          receipts likewise do not constitute constructive dividends to               
          Mr. Ciaravella.  The portion of the race car expenses that was              
          disallowed as a deduction to Icarus, even though it does not                
          represent amounts expended for the business interests of Dolphin,           




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