- 39 - 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 issuedPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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