- 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
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