Dale L. Whittington - Page 2




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          deficiency as required by section 6212(a).1  A hearing was held             
          on petitioner's motion in Miami, Florida.                                   
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          was filed, petitioner resided in Orlando, Florida.                          
               In 1998, respondent examined the U.S. Corporate Income Tax             
          Return, Form 1120, of Levitz Mobile Home Brokers, Inc. (Levitz)             
          for the fiscal year ending September 30, 1994.  Though the                  
          examination resulted in a "no-change" report to Levitz, a                   
          subchapter C corporation, respondent believed it had uncovered              
          facts which would result in changes to the income tax liability             
          of petitioner, who was the sole shareholder of Levitz during                
          1994.                                                                       
               Respondent found that petitioner had drawn total funds in              
          the amount of $356,124.922 from Levitz several times during the             
          1994 fiscal year and that the funds were used to pay petitioner's           
          personal expenses.  Respondent concluded that the withdrawals may           
          have constituted constructive dividends from Levitz to                      
          petitioner.                                                                 


          1                                                                           
               All section references are to the Internal Revenue Code in             
          effect for the years in issue.                                              
          2                                                                           
               The funds were disbursed in the form of checks made payable            
          to petitioner.                                                              




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