- 16 - With respect to the likelihood of repayment, petitioners’ argument seems to be that the accounting entry reducing the receivable is equivocal, and that it doesn’t have the effect of a payment or distribution because it might be reversed. Mr. Noble testified that if respondent’s dividend determination is not sustained by the Court, that is, if petitioner wins his case, the receivables ledger of Stainless will be adjusted to add back the amount by which the Receivable from Officer account was reduced to reflect Mr. Lechner’s payment of his defense fees, which--Mr. Noble originally advised--should be treated as corporate expenses. Petitioners’ argument that a constructive dividend distribution requires corporate payment or outlay of funds also has no merit. It ignores the circumstances in which the original debt was created. When Mr. Lechner deposited in his personal bank account receipts that-–the parties agree--belonged to the corporation, he received payments of corporate funds that would have been includable in his gross income (or at least treated as corporate distributions to him at that earlier time) but for Mr. Noble’s corporate journal entry creating the receivable that treated the receipts as giving rise to what--the parties also agree-–thereby became valid debt. Because the original payment to Mr. Lechner was offset by the debt, there was no increase in his net worth and no distribution supporting a dividend to him atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011