- 8 - B. Constructive Dividends From CFC 1. Cash Distributions to John Cordes On March 16, 1994, CFC issued to John Cordes a check for $800,000. On that same day, Mr. Cordes, or someone on his behalf, endorsed the check for $800,000 over to CFC, and CFC deposited the check in its own account. CFC recorded this transaction as a liability in CFC’s account titled “Note Payable--John J. Cordes” (John Cordes’s loan account). During 1994, CFC issued 12 checks totaling $94,000 to John Cordes. Each was charged to John Cordes’s loan account. John Cordes returned to CFC $4,000 of the $94,000 received.7 During 1995, CFC issued 23 checks totaling $430,000 to John Cordes. Each was charged to John Cordes’s loan account. Six of the 23 checks, totaling $180,000, were deposited in Mrs. Cordes’s personal checking account. John Cordes failed to report the $800,000 distribution or any of the other payments as any type of income in 1994 or 1995. He did, however, report $20,000 of interest income from CFC in 1995. Also on March 16, 1994, John Cordes transferred to Mr. Cordes legal title to 500 shares of stock in John Cordes, Inc. This transaction was recorded in the “Minutes of Special Meeting of Shareholders of John Cordes, Inc.”. 7The record does not disclose the circumstances regarding John Cordes’s return of funds to CFC or the manner in which the transaction was reported on CFC’s books. The circumstances are not relevant in light of our holding.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