Eddie Cordes, Inc., et al. - Page 19




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          Commissioner, 565 F.2d 1388 (9th Cir. 1977), affg. T.C. Memo.               
          1973-223).                                                                  
               In order for a company-provided benefit to be treated as               
          income to the shareholder, the item “must primarily benefit                 
          taxpayer’s personal interests as opposed to the business                    
          interests of the corporation.”  Ireland v. United States, supra             
          at 735; accord Dolese v. United States, supra at 1152.                      
          Petitioners bear the burden of proving that the amounts at issue            
          were not expended for personal benefit or in discharge of                   
          personal obligations.  Rule 142(a); Welch v. Helvering, 290 U.S.            
          111 (1933); Challenge Manufacturing Co. v. Commissioner, 37 T.C.            
          650 (1962); Arnold v. Commissioner, T.C. Memo. 1994-97.  Our                
          standard, in reviewing these many expenditures, is whether the              
          expense primarily benefited ECI or CFC, as appropriate, or their            
          sole shareholder, Mr. Cordes.  Frazier v. Commissioner, T.C.                
          Memo. 1994-358, affd. 90 F.3d 437 (10th Cir. 1996).                         
               A.   Constructive Dividends From Eddie Cordes, Inc.                    
                    1.   Diversion of Checks From Unidentified Loans,                 
                         Diversion of Tag Refunds, and Excess Payoffs                 
               Petitioners concede these items constitute constructive                
          dividends for 1994 and 1995.  Petitioners’ only contention is               
          that Mr. Cordes did not receive income from these items because             
          he was not a shareholder in ECI.  We have already held that Mr.             
          Cordes was ECI’s sole shareholder for Federal income tax                    
          purposes, and we now hold that petitioners’ concession operates             
          to include these items in Mr. Cordes’s income.                              






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