Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 35




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          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.                                          





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