- 7 - CFC 1994 1995 Cash distributions to John Cordes5 $800,000 -0- Cash distributions to Jean Ann Richard 800,000 $120,000 Cash distributions to Mrs. Cordes 484,651 400,000 Sale of 1994 and 1995 notes 1,733,608 1,073,608 Diversion of checks from bad debts6 12,282 -0- Diversion of unbooked CFC income 71,910 -0- Unexplained source of funds 405,724 211,612 Total from CFC 4,308,175 1,805,220 Total constructive dividends 4,457,835 2,504,822 Below, we set out the facts relevant to respondent’s determinations regarding constructive dividends. A. Constructive Dividends From ECI 1. Diversion of Checks From Unidentified Loans, Diversion of Tag Refunds, and Excess Payoffs Petitioners concede that the amounts respondent determined ECI distributed as diverted checks on unidentified loans, diverted tag refunds, and excess payoffs constitute constructive dividends to ECI’s shareholder(s) for 1994 and 1995. 2. Cash Distributions to Mr. Cordes In 1995, ECI issued checks to Mr. Cordes in the amounts of $200,000 and $400,000. ECI recorded the amounts of the checks in its “Paid-In Capital” account. 5The $800,000 was a check made payable to John Cordes. Although the parties stipulated that it was a cash distribution to Edmund J. Cordes, we treat it as a cash distribution of $800,000 to John Cordes, and we refer to it as such. 6The parties refer to these items as “Diversion of checks from Chapter 13”. The parties have failed to explain fully the significance of chapter 13, and we surmise by a careful review of the record that these checks were paid to CFC from chapter 13 trustees representing funds CFC received as a creditor to bankruptcy estates.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011