- 61 - arbitration award and entry of judgment states: “Carroll provided * * * advice and services as an advocate for Benson.” In fact, ownership and control of ERG and NPI was the issue for which Mr. Carroll provided legal services. The payment by a corporation of personal expenses of a shareholder constitutes a constructive dividend. See Inland Asphalt Co. v. Commissioner, 756 F.2d 1425 (9th Cir. 1985); Noble v. Commissioner, 368 F.2d 439 (9th Cir. 1966). Accordingly, we find and hold that Burton received a constructive dividend in 1989 of $96,748.98. 5. Automobile Expenses ERG claimed the following amounts as deductions for automobile and truck expenses for the years as stated: Tax Year Amount of Deduction 1989 $10,624 1990 23,676 1993 28,308 1994 14,723 The parties stipulated that the $15,000 and the $13,500 that ERG paid in 1990 and 1993, respectively, to purchase vehicles for Eric and Mark were constructive dividend income to Burton. See appendix, par. 4. Respondent argues that the balance constitutes constructive dividend income to Burton. Petitioners failed to substantiate any of the expenses claimed and offered no evidence detailing the percentage that the automobiles and trucks were used for business purposes. SeePage: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
Last modified: May 25, 2011