- 33 - His actions were that of an owner and sole shareholder. He viewed the Cordes corporations as his own and used them to make generous loans and gifts to family and friends, and to satisfy personal obligations and desires. He made loans to third parties of CFC funds and then unilaterally forgave those loans. Mr. Cordes controlled the timing, amount, and use of the distributions and transactions. The legal titleholders viewed CFC as Mr. Cordes did. They paid no attention to their purported stockholdings and never attempted to exercise any of the rights that “ownership” may have theoretically provided. They did not attempt to attend shareholder meetings, transfer or vote their shares, or otherwise involve themselves in CFC, unless Mr. Cordes instructed them to do so. His control was unmitigated. Taken together, the facts and circumstances reveal that Mr. Cordes was CFC’s sole beneficial owner during the taxable years at issue; Mrs. Cordes’s status as a shareholder was in name only. Because beneficial ownership is the controlling factor in deciding who is required to include dividends in gross income, we hold that Mrs. Cordes did not receive constructive dividends from CFC for the 1989, 1990, and 1991 taxable years, the years in which she filed separately. With respect to those taxable years, we conclude only that Mrs. Cordes was not a beneficial owner or shareholder of CFC for Federal income tax purposes. We declinePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011