Estate of Harvey Feinsmith, Deceased, Betty Feinsmith, Executrix - Page 22




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          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.                                             




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