- 60 - 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 ofPage: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
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