- 16 - services to the corporation. Here, the spouse provided past services to the corporation. Given the particular facts and circumstances of this case, however, we do not think Barbara’s prior services afford a basis for distinguishing the results in the prior cases. We reach this conclusion because of the absence of any persuasive evidence that Barbara was undercompensated for her services and the provisions of the Settlement Agreement in which Barbara waives her right to alimony so long as petitioner makes the payments to her that are at issue. The contention that these payments served primarily as disguised alimony is amply supported in the record. Respondent argues in the alternative that the payments were constructive dividends to Barbara, representing a distribution of earnings to which she was entitled by virtue of her past equitable interest in petitioner or her stock interest acquired as a result of the Settlement Agreement. We are satisfied that Barbara possessed a significant ownership interest in petitioner when the payments in issue were made. The Settlement Agreement expressly recited that Barbara “[had] an interest in” petitioner and that the agreement was intended to be a “property division * * * as an alternative to the jurisdiction of the Family Court * * * to equitably divide property pursuant to” State law. As part of the disposition of Barbara’s “interest” in petitioner, the Settlement Agreement provided for Walter’s transfer to Barbara ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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