- 28 - expenses and the Cordeses’ income from interest and from constructive dividends, however, must await the Rule 155 computation. B. Constructive Dividends Respondent determined that Mrs. Cordes, in 1989 through 1991, individually, and the Cordeses, in 1992 and 1993, jointly, had taxable income from constructive dividends made by CFC to Mrs. Cordes, as one of CFC’s shareholders. See sec. 61(a)(7). Those constructive dividends, as respondent determined, consisted in part of the portion of payments made by CFC to Mr. Cordes on the three loans in excess of the amount that represents an arm’s- length rate of interest29 (calculated in accordance with our holding, supra) and consisted in part of (1) withdrawals of corporate funds for distribution to friends and family, (2) corporate payments of personal expenses, (3) diversion to the Cordeses of corporate income, and (4) Mr. Cordes’s bargain purchase of corporate notes.30 Petitioners contend that the transfers do not constitute constructive dividends to Mrs. Cordes (1) because Mrs. Cordes did 29We discuss this transaction in the context of constructive dividends in connection with our discussion of diversion of corporate income because the applicable law is similar. 30Respondent also determined certain other items constituted income from constructive dividends from CFC to the Cordeses in the taxable years before us, but either Mr. or Mrs. Cordes or respondent has conceded those items. See Appendix B, Summary of Conceded, Deemed Conceded, Computational, and Settled Issues.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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