Eric B. Benson, et al. - Page 59

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          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.             






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