Capital Video Corporation - Page 11




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          Video of Guarino’s legal fees conferred a significant economic              
          benefit upon Guarino, Capital Video’s sole shareholder, without             
          an expectation of repayment and was not necessary for the                   
          business of Capital Video (i.e., the payment of the legal fees              
          was not necessary for Capital Video to receive Richichi’s                   
          protection from extortion).                                                 
               We conclude that the payment by Capital Video of the $93,936           
          in Guarino’s legal fees should be treated as a constructive                 
          dividend to Guarino.  As to the $423,101 in legal fees of Capital           
          Video that are disallowed herein as deductible business expenses            
          of Capital Video for its short taxable year ending December 31,             
          1996, such adjustment mechanically results in additional income             
          to Guarino in that same amount as a result of the corresponding             
          increase in Guarino’s share of the income of Capital Video, as an           
          S corporation.                                                              
               If respondent’s income adjustments against Guarino are                 
          sustained herein, as we have done, then Guarino argues that for             
          1996 he should be entitled to additional miscellaneous itemized             
          business expense deductions (subject to the percentage                      
          limitations applicable thereto) in the amount of the constructive           
          dividend and the additional income of Capital Video, as an S                
          corporation, that is to be charged to Guarino.  The apparent                
          basis for Guarino’s argument is that if he is to be charged with            








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Last modified: May 25, 2011