- 19 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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