Stephen D. Podd - Page 59

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          percent, such amounts are not ordinary and necessary business               
          expenses.  Consequently, the excess is nondeductible expenditures           
          made by Powertex for the personal benefit of its shareholders and           
          constitute constructive dividends to the Podds.  See Meridian Wood          
          Prods. Co., Inc. v. United States, 725 F.2d 1183, 1191 (9th Cir.            
          1984); Falsetti v. Commissioner, 85 T.C. 332, 356-358 (1985);               
          Challenge Manufacturing Co. v. Commissioner, 37 T.C. 650, 663               
          (1962).                                                                     
               With regard to the $250,000 management fee expenses paid by            
          Powertex to Plus for the 1988 through 1990 taxable years, we held           
          above that such payments were ordinary and necessary business               
          expenses pursuant to section 162, and, accordingly, we hold that            
          these payments are not constructive dividends.                              
          VI.  Issue 5:  Whether Victor, Jr. Was a Resident of the United             
          States During 1990                                                          
                                    FINDINGS OF FACT                                  
               Victor, Jr. is a Canadian citizen.  Beginning in 1970, the Podd        
          family resided at their home at 255 Beverly Avenue, Mount Royal,            
          Montreal, Canada.  During 1984, Victor, Jr. was granted an H-3 Visa         
          by the United States.  On July 6, 1987, Victor, Jr. filed an                
          application for resident alien immigration status with the                  
          Immigration and Naturalization Service (INS).  On July 7, 1987,             
          Victor, Jr. obtained a United States resident alien green card from         
          the INS entitling him to resident alien status.  From July 7, 1987,         







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