Stephen D. Podd - Page 56

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          services.  Mr. Podd testified that Plus provided Powertex services          
          in the nature of "general guidance" and "direction".  More                  
          specifically, it was Mr. Podd's uncontroverted testimony that Plus          
          reviewed sales invoices and entertained customers of Powertex.              
               Respondent contends that the fees paid to Plus are not                 
          deductible because they lacked a business purpose and because Plus          
          was merely a holding company which failed to provide any significant        
          services to Powertex.                                                       
               Respondent does not argue that the management fee payments were        
          not reasonable.  At trial, petitioners offered credible testimony           
          that significant services were provided to Powertex through Plus.           
          On the record before us, we hold that the payments made by Powertex         
          to Plus as management fees during the years in issue were for               
          services actually rendered and that, therefore, they are deductible         
          under section 162.                                                          
          IV.  Issue 4:  Whether Individual Petitioners Received                      
               Constructive Dividends                                                 
                                    FINDINGS OF FACT                                  
               Respondent determined that the Podds and Mrs. Podd received            
          constructive dividends from a variety of sources.14                         


          14   On brief, respondent concedes that Mr. Podd did not receive            
          dividend income of $2,749,501 from his constructive receipt of              
          the Amoco patents from Powertex via the granting of patent rights           
          in his name during 1989.  Petitioners conceded some of the items            
          of dividend income in the stipulations of facts.  The only items            
                                                                (continued...)        






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