- 35 - Commissioner, T.C. Memo. 1994-358, affd. 90 F.3d 437 (10th Cir. 1996). 1. Withdrawal of Corporate Funds for Distribution to Friends and Family In 1992 and 1993, Mr. Cordes directed the withdrawal of corporate funds from CFC and the payment of those funds to John Cordes and Mrs. Cordes. It is well-settled that corporate payments to children of its shareholders can constitute constructive dividends to the shareholders when the payments are made to satisfy personal parental objectives as opposed to the bona fide business purposes of the corporation. Engg. Sales, Inc. v. United States, 510 F.2d 565, 569-570 (5th Cir. 1975); 58th St. Plaza Theatre, Inc. v. Commissioner, 195 F.2d 724, 725 (2d Cir. 1952), affg. 16 T.C. 469 (1951); Frazier v. Commissioner, supra. Likewise, payments to family members can constitute constructive dividends to the shareholders when the payments fail to benefit the corporation. Cordes v. Commissioner, T.C. Memo. 1994-377 (in situation nearly identical to that before us, this Court held corporate transfers to friends, wife, and children of shareholder to be constructive dividend to shareholder, namely Mr. Cordes, when shareholder failed to show corporate benefit or expectation of repayment); Proctor v. Commissioner, T.C. Memo. 1981-436 (payments to shareholder’s mother, in excess of compensation reasonable for services provided, constitutedPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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