June Cordes, et al. - Page 52




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          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, and                    





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