- 10 - 879, 882 (8th Cir. 1960), affg. 32 T.C. 815 (1959); Paramount- Richards Theatres, Inc. v. Commissioner, 153 F.2d 602, 604 (5th Cir. 1946), affg. a Memorandum Opinion of this Court; Yelencsics v. Commissioner, 74 T.C. 1513, 1529 (1980). All of the facts surrounding a transaction must be considered to determine whether a payment by a corporation to a taxpayer constitutes a dividend or something else; e.g., a loan, a gift, or compensation for services. See John Kelley Co. v. Commissioner, 326 U.S. 521, 526 (1946); Hardin v. United States, supra; see also Milenbach v. Commissioner, 106 T.C. at 195. A corporation’s cancellation of a shareholder’s indebtedness may constitute a constructive dividend or compensation for services. See Shephard v. Commissioner, 340 F.2d 27, 29-30 (6th Cir. 1965), affg. per curiam T.C. Memo. 1963- 294; see also Estate of Shapiro v. Commissioner, T.C. Memo. 1987- 126. Petitioner introduced no evidence directed toward establishing the corporation’s intent in paying her $50,000 during 1989.7 The Pattersons controlled the corporation, and they played an integral part in the decision for the corporation 7This Court does not consider statements in a brief as proof. See Rule 143(b); Niedringhaus v. Commissioner, 99 T.C. 202, 214 n.7 (1992); Viehweg v. Commissioner, 90 T.C. 1248, 1255 (1988). Although petitioner indicated that she wished to testify at trial, she declined to swear under oath or affirm or otherwise verify that her testimony would be true and made under penalty of perjury. Accordingly, we could not permit her to testify. See Fed. R. Evid. 603; DiCarlo v. Commissioner, T.C. Memo. 1992-280; cf. United States v. Ward, 989 F.2d 1015 (9th Cir. 1992).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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