- 3 - returns. The sole issue remaining for decision is whether Mr. Lechner’s debt to Stainless was actually reduced so as to be included in his gross income as a constructive dividend. We hold that Mr. Lechner’s debt to Stainless was reduced in such circumstances as to require the reduction to be so included. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulations of fact and accompanying exhibits are incorporated herein by this reference. The Lechners are husband and wife. At the time the petition was filed, the Lechners resided and Stainless had its principal office at Menomonie, Wisconsin. Mr. Lechner owned and operated a stainless steel fabricating business known as Midwest Stainless Mechanical Contractors as a sole proprietorship (the sole proprietorship) for 8 or more years, ending on May 31, 1993. Stainless was incorporated on June 1, 1993, in a section 3511 exchange of the assets of the sole proprietorship for stock of Stainless. At all times thereafter, Mr. Lechner has been the sole shareholder of Stainless. 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for 1993-1995, and all Rule References are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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