Eddie Cordes, Inc., et al. - Page 31




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                    4.   Diversion of Checks From Bad Debt Recoveries and             
                         Diversion of Unbooked CFC Income                             
               The parties agree that these items constitute constructive             
          dividends for 1994, in the amounts of $10,380 and $71,910,                  
          respectively.  Petitioners’ only contention is that Mr. Cordes              
          did not receive income from these items because he was not a                
          shareholder in CFC.  We have already held that Mr. Cordes was               
          CFC’s sole shareholder for Federal income tax purposes, and we              
          now hold that petitioners’ concessions operate to include these             
          items in Mr. Cordes’s income.                                               
                    5.   Unexplained Source of Funds                                  
               In connection with respondent’s determination that Mr.                 
          Cordes purchased the 1994 and 1995 notes at prices below fair               
          market value, respondent further determined that CFC provided               
          some of the funds for those purchases or further discounted the             
          purchases.  That is, although the parties stipulated that CFC               
          sold the 1994 notes to Mr. Cordes for $1,600,700, only $1,248,907           
          could be traced to funds supplied by Mr. Cordes.  Respondent                
          determined that the difference, $351,793, was a further                     
          constructive dividend from CFC to its shareholder(s).  Likewise,            
          the parties stipulated that CFC sold the 1995 notes to Mr. Cordes           
          for $4,139,512 but that only $3,963,462 could be traced to funds            
          supplied by Mr. Cordes.  Respondent determined that the                     
          difference, $176,050, was a further constructive dividend from              
          CFC to its shareholder(s).  The parties later stipulated that of            
          those amounts, only $45,702 constitutes a constructive dividend             






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