- 34 - II. Did the Laniers receive a constructive dividend as a result of the Corporation's $13,000 transfer to their son's election campaign committee? We now turn to whether the Laniers received a constructive dividend in the amount of $13,000 on account of the Corporation's transfer of that sum to Vance E. Lanier, Inc., on September 29, 1987. Section 61(a)(7) provides that gross income includes dividends. As mentioned previously, "dividend" is defined in section 316(a) as a distribution of property made by a corporation to its shareholders out of its current and/or accumulated earnings and profits. It is well established that expenditures made by a corporation for the personal benefit of its shareholders may result in the receipt by the latter of constructive dividends. Nicholls, North, Buse Co. v. Commissioner, 56 T.C. 1225, 1238 (1971); Ashby v. Commissioner, 50 T.C. 409, 417 (1968). The classification of an expenditure as a constructive dividend is a question of fact. Hardin v. United States, 461 F.2d 865, 872 (5th Cir. 1972); Lengsfield v. Commissioner, 241 F.2d 508, 510 (5th Cir. 1957), affg. T.C. Memo. 1955-257. In order to be so classified, the benefit provided by the Corporation must primarily advance the shareholder's personal interest as opposed to the business interests of the corporation. Ireland v. United States, 621 F.2d 731 (5th Cir. 1980). However, the mere fact that payments are not deductible by the corporation as a businessPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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