- 10 - dividends. To support their position that those distributions are liquidating distributions, and not dividends, and that that form is wrong, petitioners rely principally on a letter to stockholders from Entergy, dated June 19, 1992. That letter describes an agreement between Entergy and Gulf States to form a holding company that would acquire all of the outstanding common stock of Entergy and Gulf States and that would own all of the common stock of Gulf States after the closing of the transaction. The letter in question stated in pertinent part: "Each of the share of GSU [Gulf States] preferred stock outstanding at closing will continue as outstanding stock of GSU." Thus, the preferred stockholders of Gulf States, including Mr. Hawthorne, remained as such after the transaction described in that letter was closed and were unaffected thereby. On the present record, we find that petitioners have failed to show that the cash distributions that Mr. Hawthorne received during 1992 from Gulf States are not dividends. Turning now to the respective cash distributions at issue that Mr. Hawthorne received during 1993 from Centerior Energy and from Portland General, which petitioners reported as dividend income in their 1993 return and which they now claim are not taxable, respondent does not dispute on brief that those distri- butions do not constitute dividend income. However, respondent disputes petitioners' position that those distributions are not taxable. According to respondent, the respective cash distribu- tions at issue from Centerior Energy and from Portland GeneralPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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