- 57 - Respondent determined that Mr. Podd, Victor, Jr., and Stephen each received constructive dividend income of $228,678 during 1989 and $177,027 during 1990, which amounts are 1/3 of the disallowed royalty expenses claimed by Powertex of $686,034 during 1989 and $531,082 during 1990. Additionally, in accordance with respondent's determination that the $250,000 management fee expenses paid by Powertex to Plus for the 1988 through 1990 taxable years were not ordinary and necessary business expenses, respondent determined that such payments constituted constructive dividends. Initially, respondent determined in the notices of deficiency that Mr. Podd received $250,000 of constructive dividend income for 1988 and 1989, and that the Podds and Mrs. Podd received $250,000 of constructive dividend income for 1990. By way of amended answers, respondent also determined that Victor, Jr. and Stephen each received $250,000 of constructive dividend income for 1988 and 1989. 14(...continued) of dividend income petitioners address on brief concern the constructive dividends that respondent determined were attributable to the disallowed management fees paid by Powertex to Plus and the disallowed royalty expenses. Accordingly, we consider the individual petitioners to have conceded that they received constructive dividends as determined by respondent, except as to those amounts related to the disallowed royalty and management fee expenses and the granting of patent rights to Mr. Podd during 1989. See Rybak v. Commissioner, 91 T.C. 524, 566 n.19 (1988).Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
Last modified: May 25, 2011