June Cordes, et al. - Page 31




                                       - 31 -                                         
          opinion 652 F.2d 65 (9th Cir. 1981); Cepeda v. Commissioner, T.C.           
          Memo. 1994-62).  “‘Beneficial ownership is marked by command over           
          property or enjoyment of its economic benefits.’”  Cordes v.                
          Commissioner, T.C. Memo. 1994-377 (quoting Cepeda v.                        
          Commissioner, supra).  A taxpayer’s total control over a                    
          corporation and use of corporate funds for personal reasons can             
          result in constructive dividends, even though the taxpayer did              
          not hold legal title to the corporation’s stock at the time of              
          the advances.  Yelencsics v. Commissioner, 74 T.C. 1513, 1532-              
          1533 (1980); Cordes v. Commissioner, T.C. Memo. 1994-377.                   
               In Cordes v. Commissioner, T.C. Memo. 1994-377, we held Mr.            
          Cordes received constructive dividends even if he did not hold              
          legal title to any shares, because we found he exercised full               
          control over CFC in the taxable year at issue, 1988.32  In 1988,            
          the taxable year immediately preceding those before us here, Mr.            
          Cordes caused CFC to make distributions to him, to friends and              
          family, and to his personal creditors.  He controlled the timing,           
          amount, and uses of those funds.  Because Mr. Cordes had total              
          control over CFC and used the corporate funds for personal                  
          reasons, we concluded that “whether or not petitioner [Mr.                  
          Cordes] was a stockholder of record, petitioner had beneficial              


               32We note in passing that in Cordes v. Commissioner, T.C.              
          Memo. 1994-377, we stated, based on the evidence therein:  “[Mr.            
          Cordes’s] complete control over Cordes Finance Corp. continued              
          until at least 1992”.                                                       





Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011