- 43 - 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).Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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