Eric B. Benson, et al. - Page 60

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          The facts indicate that the property was purchased to enhance the           
          Bensons’ personal residence.  The fact that it was finally deeded           
          to the Bensons merely confirms this.                                        
               Clearly, the Bensons received a personal and economic                  
          benefit when ERG purchased 143 Alice Lane.  They had the                    
          exclusive use of real property, and eventually the title, for               
          which they paid no consideration.  We find and hold that ERG’s              
          payment in 1990 for 143 Alice Lane was a constructive dividend to           
          Burton.  We also find and hold, under the same reasoning, that              
          ERG’s payment of property taxes, $3,879 in 1993 and $8,196 in               
          1994, also constituted constructive dividends to the Bensons.               
               4.  ERG Check to Burton (Ref. Carroll)                                 
               According to a 1989 petition for confirmation of an                    
          arbitration award, Burton owed Mr. Carroll $96,748.98, plus                 
          interest thereon.  In 1989, ERG issued a check payable to Burton            
          for $96,748.98, on which is written “for Michael B. Carroll”.               
          With these funds, Burton purchased a cashier’s check in the                 
          amount of $97,467.21 made payable to Mr. Carroll.  The Bensons              
          offered no evidence or explanation concerning this check other              
          than stating that ERG was also named as a defendant in that suit.           
          However, the fee arbitration award names only Burton as a                   
          defendant.  Indeed, we infer from the recitation of the facts               
          that the representation involved a personal and noncorporate                
          matter between the brothers.  The petition for confirmation of              






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