- 12 - of intent and does not control our decision. See Turner v. Commissioner, 812 F.2d at 654; Cordes v. Commissioner, T.C. Memo. 1994-377. Constructive dividends are more likely to originate from a closely held corporation where decisions between a single stockholder and the corporation are often one and the same. Zhadanov v. Commissioner, T.C. Memo. 2002-104. Petitioner argues that she could not have received dividends from PPP for either 1995 or 1996 because PPP had deficits in its accumulated earnings and profits for both years. Section 316 and its regulations provide that distributions to shareholders with respect to their stock must be treated as dividends to the extent of both current and accumulated earnings and profits. “To the extent that a corporation has current earnings and profits as of the close of its taxable year, any distribution made in that year will be presumed to be made out of such current earnings and profits.” Brock v. Commissioner, T.C. Memo. 1982-335; see sec. 316(a); sec. 1.316-1(a)(1), Income Tax Regs. If the distributions for the year exceed the amount of current earnings and profits the excess is deemed to have been made out of any accumulated earnings and profits. Prescott v. Commissioner, T.C. Memo. 1983-709. Any portion of the distribution that does not qualify for dividend treatment shall be applied against the shareholders’ basis in their stock, and any excess shall be treated as gain. Sec. 301(c). Thus, petitioner was able toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011