- 52 - V. Docket No. 4182-96, Edmund J. & June J. Cordes: A. 1992: 1. Respondent determined petitioners had income from constructive dividends in the amount of $56,904 for 1992. a. Petitioners presented no argument regarding CFC’s earnings and profits for 1992. In his brief, respondent noted that earnings and profits at the end of 1990, and therefore 1992, were dependent on the final decision in Cordes Fin. Corp. v. Commissioner, T.C. Memo. 1997-162. The decision in Cordes Fin. Corp. became final after the briefs were filed herein. We leave for the Rule 155 computation the calculation of CFC’s earnings and profits and its impact on the treatment of the constructive dividends. b. Respondent concedes that, because there were total credits of $326,930 to account No. 312 during 1992, petitioner is entitled to credit that amount against the amount we conclude petitioner received as constructive dividends for 1992. c. Petitioners failed to address a number of the items respondent determined were constructive dividends for 1992. We deem petitioners to have conceded those adjustments. Petitioners’ arguments are such that only adjustments pertaining to the distribution of CFC’s funds to John Cordes and to the receipt of excess interest from CFC remain at issue. 2. Respondent determined petitioners were liable for a penalty for 1992, pursuant to sec. 6662(a), for substantial understatement of tax. Petitioners presented no argument regarding the penalty and concede that, if the Court concludes petitioners received income in 1992, they are liable for the penalty to the extent of that income. B. 1993: 1. Respondent determined petitioners had income from constructive dividends in the amount of $293,796 for 1993. a. Petitioners presented no argument regarding CFC’s earnings and profits for 1993. In his brief, respondent noted that earnings and profits at the end of 1990, andPage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
Last modified: May 25, 2011