- 13 - Maintenance Contractors, Inc.9 In addition, we believe Lohrke is further distinguishable from the situation in the instant cases on the basis of the showing made by the taxpayer of the reasons for paying another’s expense. In Lohrke, the taxpayer paid the expenses of another unable to do so; here, there has been no such showing. A constructive dividend arises “Where a corporation confers an economic benefit on a shareholder without the expectation of repayment, * * * even though neither the corporation nor the shareholder intended a dividend.” Magnon v. Commissioner, 73 T.C. 980, 993-994 (1980). There is no question that the payment of Mr. Hood’s legal fees was an economic benefit conferred without the expectation of repayment, raising the question of a constructive dividend. “However, ‘not every corporate expenditure which incidentally confers economic benefit on a shareholder is a constructive dividend.’ The crucial test of the existence of a constructive dividend is whether ‘the distribution was primarily for the benefit of the shareholder.’” Id. at 994 (quoting Loftin & Woodard, Inc. v. United States, 577 F.2d 1206, 1214 (5th Cir. 1978)). The existence of some benefit to the corporation is not enough to permit a corporate deduction; the 9 In the instant cases, unlike Jack’s Maintenance Contractors, Inc. v. Commissioner, supra, we have before us both the issue of the corporation’s entitlement to a deduction and the shareholder’s receipt of income arising from the corporation’s payment of the legal expenses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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