- 31 - 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 dividendPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011