- 14 - 742 F.2d at 1317; Raymond v. United States, supra at 191; Austin Village, Inc. v. Commissioner, supra at 745. J&J did not require security from TLC. Having weighed all the factors, we hold that J&J’s advances were capital contributions and not bona fide loans. The fact that SEKO would have been willing to lend to TLC weighed in favor of bona fide indebtedness, but the differences in the terms and the ability of SEKO to collect directly from the receipts of its borrowers stripped away much of the weight. Having decided the advances were contributions to capital, we must now decide whether those contributions should be treated as constructive dividends to the Shedds. Constructive Dividend to Common Shareholder Generally, distributions of property of a corporation to a shareholder, with respect to the shareholder’s stock, out of its earnings and profits are taxable to the shareholder as dividend income to the extent of the availability of corporate earnings and profits. See secs. 61(a)(7), 301(a), 301(c), 316(a). Here we consider whether the advances to TLC were constructive dividend to the Shedds, even though there was no formal dividend declaration. See Wilkof v. Commissioner, T.C. Memo. 1978-496, affd. 636 F.2d 1139 (6th Cir. 1981). A transfer of property between related corporations may constitute a dividend to commonPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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