- 46 - by the corporation making the disbursement.” United States v. Mews, 923 F.2d 67, 68 (7th Cir. 1991). Furthermore, to be a constructive dividend to a shareholder, the corporation need not pay it directly to the shareholder. Id. It is clear that when a corporation confers an economic benefit upon a shareholder without expectation of reimbursement, that economic benefit becomes a constructive dividend. Loftin & Woodard, Inc. v. United States, 577 F.2d 1206, 1214 (5th Cir. 1978); Thorpe v. Commissioner, T.C. Memo. 1998-115. For example, the amount of taxes paid by a corporation on behalf of and for the benefit of a shareholder was held to be a constructive dividend. Inland Asphalt Co. v. Commissioner, 756 F.2d 1425 (9th Cir. 1985), affg. T.C. Memo. 1982-463. Corporate payment of a shareholder’s personal expenses constituted a constructive dividend. Dobbe v. Commissioner, 61 Fed. Appx. 348 (9th Cir. 2003), affg. T.C. Memo. 2000-330. Payments by a corporation for painting and repairs made to a shareholder’s family residence and travel expenses incurred for personal purposes were deemed to be constructive dividends. Grossman v. Commissioner, 182 F.3d 275 (4th Cir. 1999), affg. T.C. Memo. 1996-452; Noble v. Commissioner, 368 F.2d 439 (9th Cir. 1966). And use of a corporate-owned luxury automobile for personal purposes constituted a constructive dividend. Mohan Roy, M.D., Inc. v. Commissioner, T.C. Memo. 1997-562, affd. 182 F.3d 927 (9th Cir. 1999).Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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