- 30 - were not his to keep, and which he was required to transmit to someone else as a mere conduit.” Diamond v. Commissioner, 56 T.C. 530, 541 (1971), affd. 492 F.2d 286 (7th Cir. 1974). The receipt of money by a taxpayer acting in an agency or fiduciary capacity ordinarily is not a taxable event to that taxpayer. Heminway v. Commissioner, 44 T.C. 96, 101 (1965). The mere fact that funds pass through an owner-taxpayer’s hands is not determinative of a constructive dividend. Ashby v. Commissioner, 50 T.C. 409 (1968); Marks v. Commissioner, T.C. Memo. 1963-304. A greater potential for constructive dividends, however, exists in closely held corporations where dealings between stockholders and the corporation are commonly characterized by informality. Bittker & Eustice, Federal Income Taxation of Corporations and Shareholders, par. 8.05, at 8-39 (7th ed. 2000). “Where a shareholder uses corporate property for his personal benefit, not proximately related to corporate business, the shareholder must include the value of the benefit in income as constructive dividends to the extent of the corporation’s earnings and profits.” AJF Transp. Consultants, Inc. v. Commissioner, T.C. Memo. 1999-16, affd. 85 AFTR 2d 1909, 2000-1 USTC par. 50473 (2d Cir. 2000); see also DiZenzo v. Commissioner, 348 F.2d 122, 125 (2d Cir. 1965), revg. in part and remanding T.C. Memo. 1964-121; Truesdell v. Commissioner, supra; Falsetti v. Commissioner, 85 T.C. 332, 335-336 (1985); Nicholls, North,Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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