- 59 - used for personal expenses. For example, in 1993, check No. 31 is made payable to ERG Retirement Trust for $8,000; similarly, in 1994 Burton issued two checks for expenses relating to his sailboat, Risktaker, a check to Berkeley Yamaha, and checks to various individuals. In the face of the above facts and concessions, the Bensons failed to substantiate any of the expenses for which checks were written from this account and otherwise failed to demonstrate a business purpose for any of the expenditures. Accordingly, we find and hold that, in addition to the amounts conceded, Burton received and failed to report constructive dividends in 1993 and 1994 of $8,000 and $2,698, respectively. 3. Payment for 143 Alice Lane The parties do not dispute that in 1990 ERG paid $336,500 for the real property described as 143 Alice Lane and held that property in the name “ERG Retirement Trust”. Petitioners did not object to respondent’s requested finding of fact that the purchase of 143 Alice Lane gave the Bensons “a large, uninterrupted piece of land behind and abutting their personal residence.” The Bensons’ only argument is that they did not receive a personal benefit until 1997, a year not before the Court, when the ERG Retirement Trust deeded the property to the Bensons in their individual capacities for no consideration. We disagree.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011