June Cordes, et al. - Page 42




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          family dealerships.34  In fact, in related cases, respondent has            
          argued that Mr. Cordes was the beneficial owner, and we have so             
          held.  Cordes v. Commissioner, T.C. Memo. 1994-377.                         
               The evidence in this case resoundingly demonstrates that Mr.           
          Cordes’s control over the Cordes family dealerships remained                
          unimpaired and was so complete that he could do anything he                 
          wanted with the Cordes family dealerships regardless of which               
          family member held legal title to the shares of stock.  While the           
          record in this case contains several examples of Mr. Cordes’s               
          taking inconsistent positions with the Internal Revenue Service             
          and with others regarding the ownership of the Cordes family                
          dealerships, we simply cannot ignore the overwhelming weight of             
          the evidence establishing that no member of the Cordes family               
          other than Mr. Cordes held any beneficial ownership interest in             
          the Cordes family dealerships.  The family members knew it,                 
          corporate employees knew it, and, despite respondent’s position             
          in these consolidated cases, respondent knew it (having taken               
          such a position in related cases).                                          



               34In related cases, respondent has argued that Mr. Cordes              
          was the beneficial owner, and we have so held.  Cordes v.                   
          Commissioner, T.C. Memo. 1994-377 and T.C. Memo. 2002-125.  This            
          may explain petitioners’ failure to argue directly that Mr.                 
          Cordes beneficially owned all of the stock in the Cordes                    
          corporations.  We note, however, that it is difficult, if not               
          impossible, to reconcile respondent’s position in this case that            
          the transfers of stock were completed gifts with respondent’s               
          position in the related cases that Mr. Cordes was the beneficial            
          owner of the Cordes corporations.                                           





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