Sam and Anna Zhadanov, et al. - Page 31




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          Buse Co. v. Commissioner, 56 T.C. 1225, 1238 (1971); Challenge              
          Manufacturing Co. v. Commissioner, 37 T.C. 650, 663 (1962).  The            
          courts have often used a two-level inquiry to decide whether a              
          taxpayer received constructive dividend income.  The first level            
          of inquiry requires an examination of whether the corporation               
          conferred an economic benefit on the shareholder without                    
          expectation of repayment.  United States v. Smith, 418 F.2d 589             
          (5th Cir. 1969).  The second level requires an examination of               
          whether the benefit primarily advanced the shareholder’s personal           
          interest as opposed to the business of the corporation.  Ireland            
          v. United States, 621 F.2d 731 (5th Cir. 1980); Sammons v.                  
          Commissioner, 472 F.2d 449 (5th Cir. 1972), affg. on this point             
          T.C. Memo. 1971-145; United States v. Gotcher, 401 F.2d 118 (5th            
          Cir. 1968).                                                                 
               Respondent argues that the Zhadanovs received constructive             
          dividends equal to the unreported vial income kept in their safe            
          because their unfettered control over the funds in the safe                 
          conferred an economic benefit upon them, and the benefit was                
          primarily personal.  Respondent relies upon the fact that Mr.               
          Zhadanov, as president and sole shareholder of Vortex, had ample            
          opportunity to spend the cash by virtue of its location in his              
          personal safe.                                                              










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