Eddie Cordes, Inc., et al. - Page 32




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          for each of 1994 and 1995, and respondent concedes that the                 
          amounts in excess of those stipulations are not constructive                
          dividends.                                                                  
               The only issue with regard to these items is who received              
          these constructive dividends.  Because Mr. Cordes was CFC’s sole            
          shareholder for Federal income tax purposes, we hold Mr. Cordes             
          must include constructive dividends of $45,702 in income for each           
          of his 1994 and 1995 taxable years.                                         
          II. The Proper Tax Treatment of Interest Earned on the 1994 and             
               1995 Notes                                                             
               In our discussion above regarding the 1994 and 1995 notes,             
          we found that Mr. Cordes purchased 584 notes from CFC in each of            
          1994 and 1995.  Respondent determined that Mr. Cordes earned                
          interest on the notes purchased20 and that Mr. Cordes earned that           
          interest in connection with his trade or business (presumably the           
          trade or business of financing, but respondent has not                      
          specifically named that trade or business) and is liable for tax            
          on the net earnings from self-employment.  The parties stipulated           
          that interest in the amounts of $138,409 and $448,164 was earned            
          on the notes in 1994 and 1995, respectively.                                
               Petitioners concede that neither CFC nor Mr. Cordes reported           
          any of that interest as income and that the owner of the notes,             
          either CFC or Mr. Cordes, must report that income.  Petitioners             


               20Respondent alternatively determined that if we find Mr.              
          Cordes did not purchase the notes; i.e., that CFC still owned the           
          notes, then CFC must report that interest as income in 1994 and             
          1995.                                                                       




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