Karl T. and Kathleen S. Harvey - Page 2




                                        - 2 -                                          
               Respondent determined deficiencies in petitioners' Federal              
          income taxes for 1992, 1993, and 1994 in the amounts of $3,682,              
          $1,733, and $3,129, respectively, and accuracy-related penalties             
          pursuant to section 6662(a) in the amounts of $736.40, $346.60,              
          and $625.80, respectively.                                                   
               The issues for decision are:  (1) Whether petitioners                   
          received and failed to report constructive dividends during the              
          taxable years in issue; and (2) whether petitioners are liable               
          for the section 6662(a) accuracy-related penalties for the                   
          taxable years in issue.                                                      
               This case was submitted fully stipulated.  The stipulations             
          of fact and attached exhibits are incorporated herein by this                
          reference.  Petitioners resided in Phoenix, Arizona, on the date             
          the petition was filed in this case.                                         
               All of the substantive adjustments in the statutory notice              
          of deficiency relate to petitioners' shareholder interests in the            
          Kathy Harvey Trust Corporation (KHTC).  Petitioners have operated            
          KHTC as a painting business since its incorporation on May 16,               
          1984.                                                                        
          l.  Constructive Dividends                                                   
               The first issue for decision is whether petitioners received            
          and failed to report constructive dividends during the taxable               
          years in issue.  Section 61(a) includes in gross income all                  
          income from whatever source derived including, but not limited               
          to, dividends.  Sec. 61(a)(7).                                               




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