- 22 - only when the corporation uses its money or property primarily to benefit the shareholder. See Laure v. Commissioner, 70 T.C. 1087, 1108 (1978), affd. in part, revd. in part and remanded 653 F.2d 253 (6th Cir. 1981); see also Wilkof v. Commissioner, T.C. Memo. 1978-496 (“Laure does support the proposition * * * that to the extent that a taxpayer can show an absence of direct benefit to himself he may escape constructive dividend treatment”), affd. 636 F.2d 1139 (6th Cir. 1981). We are unable to find that Randy Hall used its money or property primarily to benefit Mr. Feinsmith.8 We also do not view Mr. Feinsmith’s amended returns as indicating that he received cash from the scheme. The fact that Mr. Feinsmith considered the reported income attributable to the disallowed deductions, rather than to his conversion of corporate cash, is seen quickly from the fact that he recognized most of that income in years other than the years in which the cash was purportedly received by him upon conversion. A shareholder’s conversion of cash for his or her personal use is treated as a constructive distribution of that cash, and such a distribution is realized by a cash basis shareholder such as Mr. Feinsmith in the year of conversion. See secs. 301(c), 316; Truesdell v. 8 Of course, a taxpayer such as Mr. Feinsmith may agree to recognize an item as income in lieu of criminal prosecution. The fact that he agrees to recognize that income in a year for which a return has already been filed does not necessarily mean that he filed that return fraudulently.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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