Sam and Anna Zhadanov, et al. - Page 30




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          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,              






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