- 35 - IV. Did Holland America’s Payment of the Expenses Discussed Above Result in a Constructive Dividend to Mr. and Mrs. Dobbe? Respondent determined that Holland America’s payment of the landscaping, grocery reimbursement, solarium addition, and miscellaneous expenses resulted in economic gain, benefit, or income to Mr. and Mrs. Dobbe as individuals, which is taxable to them as a constructive dividend. Petitioners contend the expenditures primarily benefited Holland America’s business and not Mr. and Mrs. Dobbe; in the alternative, they contend that, if we hold that Holland America’s payment of the expenses primarily benefited Mr. and Mrs. Dobbe, then those payments must be treated as loan repayments rather than constructive dividends. We disagree and hold that Holland America’s payment of the disputed expenses resulted in constructive dividends to Mr. and Mrs. Dobbe. Dividends are includable in a taxpayer’s gross income. See sec. 61(a)(7). Section 316(a) defines a dividend as any distribution of property made by a corporation to its shareholders out of its earnings and profits. “Where the corporation confers an economic benefit on a shareholder without the expectation of repayment, that benefit may be a constructive dividend, taxable to the shareholder.” Spera v. Commissioner, T.C. Memo. 1998-225; see also sec. 61(a)(7); Magnon v. Commissioner, 73 T.C. at 993-994; American Insulation Corp. v. Commissioner, T.C. Memo. 1985-436.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011