- 16 - II. Constructive Dividend Issue Petitioner alleges that all of the WAs were authorizations for Helmle to use the stated amounts, and no more than those amounts, to tip the club’s dancers (as well as dancers at competing clubs) in order to assure that the club would be able to retain a sufficient number of “quality dancers”. Respondent counters that petitioner has not furnished credible evidence that the cash distributed by means of the WAs was used by petitioner for any business purpose. Petitioner testified that he was advised by Helmle, who, according to petitioner, effectively ran the club on a day-to-day basis for petitioner during the audit years, that it was necessary to use club funds to tip the dancers and, in particular, the “quality dancers”. According to petitioner, the need to tip the dancers had become urgent in light of the pending litigation over the club’s right to an SOB permit and the dancers’ concern that the club would go out of business if it failed to secure the permit. Petitioner testified that Helmle would take money out of the cash register and use it to tip dancers, both at Caligula XXI and at competing clubs (apparently to attract dancers at those other clubs to come work at Caligula XXI). Petitioner contends that the sole purpose of the WAs was to restrict the amounts of cash that Helmle would be permitted to use for that purpose.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011