- 32 - 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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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