- 30 - not have dominion or control over the funds, and the funds, therefore, are not income to him. However, Mr. Cordes received payments on notes he had already purchased from CFC and exchanged them for more of CFC’s notes, which he then also owned. That Mr. Cordes did not first deposit the payments received in a personal account before purchasing additional notes is irrelevant. We find that Mr. Cordes had full control over the payments and that he owned the notes in question. Clearly, Mr. Cordes purchased 1,168 notes from CFC in 1994 and 1995. Petitioners have disputed only who owned the 1994 and 1995 notes and have not addressed whether CFC sold the notes to Mr. Cordes for prices below fair market value, should we conclude, as we have, that Mr. Cordes owned the notes. Section 1.301-1(j), Income Tax Regs., states that “If property is transferred by a corporation to a shareholder which is not a corporation for an amount less than its fair market value in a sale or exchange, such shareholder shall be treated as having received a distribution to which section 301 applies.” Because CFC sold the 1994 and 1995 notes to Mr. Cordes for prices below fair market value, we hold that the differences between the prices paid for the notes and the fair market values of the notes are constructive dividends to Mr. Cordes. See Estate of Durkin v. Commissioner, 99 T.C. 561, 567 (1992); Eugene D. Lanier, Inc. v. Commissioner, T.C. Memo. 1998-7 (citing sec. 1.301-1(j), Income Tax Regs.; Palmer v. Commissioner, 302 U.S. 63, 69-70 (1937)).Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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