Eric B. Benson, et al. - Page 61

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          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.  See                





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