- 28 - provided, constituted constructive dividend income to shareholder). Because petitioners failed to show Mr. Cordes received no personal benefit from these transfers, we hold Mr. Cordes received constructive dividends in 1994 and 1995 with respect to these items. 3. Bargain Sale of Notes Respondent determined that CFC sold 584 notes to Mr. Cordes in each of 1994 and 1995 at prices below their fair market value and that the discount at which CFC sold the notes constitutes constructive dividends from CFC to CFC’s shareholder(s). Petitioners contend CFC owned the 1994 and 1995 notes at all times and that because Mr. Cordes did not purchase the 1994 and 1995 notes (in a bargain sale or otherwise), CFC conferred no economic benefit on its shareholder(s). We conclude below that Mr. Cordes did in fact purchase the 1994 and 1995 notes at prices below fair market value and that Mr. Cordes, as beneficial owner of CFC, received constructive dividends in amounts equal to the discounts received. In 1994, Mr. Cordes transferred $200,000 of his personal savings to CFC. Contemporaneously, CFC removed a number of notes from its books, and Mr. Cordes recorded those notes on his books. Mr. Cordes contends that his transfer of $200,000 to CFC was merely coincident with CFC’s reorganization of its records. Mr. Cordes, however, offered no evidence that the $200,000 was treated as a capital contribution or loan to CFC, rather than as funds used to purchase the notes.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011