Bernardus A. P. Dobbe and Klazina W. Dobbe - Page 39




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          Spera v. Commissioner, T.C. Memo. 1998-225.  Holland America’s              
          payment of the miscellaneous expenses resulted in a constructive            
          dividend to Mr. and Mrs. Dobbe as determined by respondent.  See            
          secs. 61(a)(7), 316.                                                        
               D.  The Shareholder Loan Account                                       
               Mr. and Mrs. Dobbe argue that, even if we hold that payment            
          of the expenses in question benefited them financially, the                 
          payments should be treated as corporate repayments of their                 
          shareholder loans.  Petitioners rely on Creske v. Commissioner,             
          T.C. Memo. 1988-574, to support their position that prior loans             
          from a shareholder to a corporation are sufficient consideration            
          to avoid the imposition of a constructive dividend.  We disagree.           
               In Creske, Wausau Tile, Inc. (Wausau), paid bonuses to its             
          shareholders and employees in the form of promissory notes, which           
          were credited to note payable accounts.  The bonuses were                   
          properly declared as income in each year and Federal and State              
          income taxes were withheld.  In order to obtain industry                    
          discounts, Wausau expressly authorized and approved payment of              
          the costs of building a new home for one of its officers and                
          directors, William J. Creske, as a way of repaying the promissory           
          notes payable to him.  Thus, Wausau paid the expenses incurred              
          during 1983 and 1984 that related to the purchase of the lot of             
          land and various subsequent construction costs of Mr. Creske’s              
          personal residence.  Over the course of 2 years, Wausau issued              






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