- 14 - concedes that portion of his determination in excess of the parties’ stipulation. OPINION I. Constructive Dividends Respondent determined that each of the individual petitioners before us had taxable income from receipt of constructive dividends in 1994 and 1995 in amounts of $4,457,835 and $2,504,822, respectively. See sec. 61(a)(7). Respondent primarily argues that Mr. Cordes is properly taxable for all of the constructive dividends, rather than any of the other individual shareholders, because respondent contends Mr. Cordes was the beneficial owner of all the CFC and ECI stock during the years at issue.12 Respondent alternatively argues that each individual petitioner is taxable on receipt of constructive dividends in amounts proportionate to his or her record ownership. Petitioners argue that although Mr. Cordes completely controlled CFC and ECI, Mr. Cordes cannot be held to have received constructive dividends because he did not hold stock in those corporations in the taxable years before us. In response to respondent’s alternative argument, petitioners argue that because Mr. Cordes completely controlled CFC and ECI, and the record owners had no knowledge of, did not authorize, or did not 12Respondent concedes that if we find Mr. Cordes was the beneficial owner of all the CFC and ECI stock during the years at issue, then the other individual petitioners are not liable for tax on receipt of constructive dividends for those years.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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