- 42 - Garden State Dev., Inc. v. Commissioner, 30 T.C. 135, 142 (1958); Hulshart v. Commissioner, T.C. Memo. 1955-231. B. Constructive Dividends The heart of respondent’s imputation of income is that numerous ERG expenditures and transfers constitute constructive dividends to the Bensons. On the contrary, petitioners argue that if the percentage of NPI’s ownership declared in the final arbitration decision is considered, petitioners overpaid their income tax liability. The Commissioner is authorized and has great latitude in reconstructing income in accordance with any reasonable method that accurately reflects actual income. Secs. 446(b), 6001; Petzoldt v. Commissioner, 92 T.C. 661, 687 (1989); Meneguzzo v. Commissioner, 43 T.C. 824, 831 (1965); see Taglianetti v. United States, 398 F.2d 558, 562 (1st Cir. 1968), affd. on other grounds 394 U.S. 316 (1969); Ramsey v. Commissioner, T.C. Memo. 1980-59; Bolton v. Commissioner, T.C. Memo. 1975-373. The reconstruction of a taxpayer’s income need only be reasonable in light of the surrounding facts and circumstances. Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970); Schroeder v. Commissioner, 40 T.C. 30, 33 (1963). Furthermore, it is axiomatic that “The Commissioner and the reviewing courts are permitted to fully examine any transaction to determine its economic and financial reality.” Noble v. Commissioner, 368 F.2d 439, 443 (9th Cir. 1966), affg.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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