- 15 - actually benefit from the transactions, they received no constructive dividends. This is not the first time Mr. Cordes and his family have appeared before us, nor is it the first time that Mr. Cordes and his family have presented us with a mishmash of arguments apparently designed to escape the consequences of the tax laws. Cordes v. Commissioner, T.C. Memo. 2002-124; Cordes v. Commissioner, T.C. Memo. 1994-377. For the reasons discussed below, we conclude that, in the taxable years before us, CFC and ECI conferred certain economic benefits on Mr. Cordes as beneficial owner of all the stock in those corporations, without expectation of repayment, and that Mr. Cordes has income from constructive dividends. The law in this area is well settled. Section 301(a) and (c)(1) requires the inclusion in a shareholder’s gross income of amounts received as dividends. Secs. 61(a)(7), 301(c)(1), 316(a); Hillsboro Natl. Bank v. Commissioner, 460 U.S. 370, 392 (1983); see Ireland v. United States, 621 F.2d 731, 735 (5th Cir. 1980); see also Old Colony Trust Co. v. Commissioner, 279 U.S. 716, 729-731 (1929). Section 316(a) defines a dividend as “any distribution of property made by a corporation to its shareholders--(1) out of its earnings and profits accumulated after February 28, 1913, or (2) out of its earnings and profits of the taxable year”.13 It is not necessary that the corporation 13Petitioners have failed to prove that there was not sufficient accumulated or current earnings and profits to support the deficiency determined in respondent’s notices of deficiency. (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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