Eugene A. Beck, et al. - Page 43




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               In the absence of fraud, the period for assessing a                    
          deficiency in tax had expired prior to the issuance of the                  
          notices of deficiencies to Beck's Liquors for all years at issue            
          and to Mr. Beck for 1991.  Sec. 6501(c)(2).                                 
          Issue 4.  Whether Petitioner Mr. Beck Received Constructive                 
          Dividends From Beck's Liquors in 1992 and 1993 in the Respective            
          Amounts of $151,448 and $117,641                                            
               Because Mr. Beck did not file returns for 1992 and 1993, the           
          period for assessing a deficiency did not expire prior to the               
          issuance of the notice of deficiency.  Sec. 6501(c)(3).                     
          Respondent asserts that Mr. Beck is the true owner of the stock             
          of Beck's Liquors and that he received constructive dividends               
          from the corporation in 1992 and 1993.                                      
          I.  Ownership of Stock of Beck's Liquors                                    
               Beneficial ownership rather than bare legal title is                   
          critical in determining who is a shareholder.  Hook v.                      
          Commissioner, 58 T.C. 267, 273 (1972); Hoffman v. Commissioner,             
          47 T.C. 218, 233 (1966), affd. per curiam 391 F.2d 930 (5th Cir.            
          1968).                                                                      
               A nominee theory involves the determination of the true                
          beneficial ownership of property.  See, e.g., Oxford Capital                
          Corp. v. United States, 211 F.3d 280, 284 (5th Cir. 2000).                  
          Nominees, guardians, agents, and custodians are not recognized as           
          taxable entities.  W & W Fertilizer Corp. v. United States, 208             
          Ct. Cl. 443, 527 F.2d 621, 627 (1975).                                      






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