- 9 - Under section 61(a)(7), gross income includes the receipt of any dividend. A dividend is defined in section 316(a) as "any distribution of property made by a corporation to its shareholders". There is no requirement that the dividend be formally declared or even intended by the corporation. Loftin & Woodward, Inc. v. United States, 577 F.2d 1206, 1214 (5th Cir. 1978). It is well settled that expenditures made by a corporation for the personal benefit of a shareholder are constructive distributions to the shareholder in amounts equal to the fair value of the benefits involved. Roy v. Commissioner, T.C. Memo. 1997-562, affd. without published opinion 182 F.3d 927 (9th Cir. 1999); Halpern v. Commissioner, T.C. Memo. 1982-31. The test for constructive dividends is twofold: The expenses must be nondeductible to the corporation, and they must represent some economic gain, benefit, or income to the taxpayer. Meridian Wood Prods. Co. v. United States, 725 F.2d 1183, 1191 (9th Cir. 1984). The mere fact that expenses have been disallowed as deductions to the corporation does not necessarily make the payments constructive dividend income to the shareholder under section 61(a)(7). Erickson v. Commissioner, 598 F.2d 525, 531 (9th Cir. 1979), affg. in part and revg. in part T.C. Memo. 1976- 147; Ashby v. Commissioner, 50 T.C. 409, 418 (1968); Donnelly v. Commissioner, T.C. Memo. 1974-226. However, if this Court found that it was impossible to determine whether the disallowedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011