- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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