- 67 - obligation to pay Aker’s rent obligations. Indeed, it was, as the arbitrators concluded, Aker’s responsibility to pay NPI for the use of the Lowell plant, which Glendon ultimately paid by virtue of the final arbitration decision. This, of course, is in accord with what the brothers agreed in the unbundling agreement. Given that these funds were transferred to NPI, which the Bensons used for their personal benefit, see infra, we find and hold that the Bensons received constructive dividends in the amounts of the excess rents that ERG paid. 9. Director’s Fees During the years at issue, ERG paid moneys to Esther, Elizabeth, Mark, Brad, and Eric as purported director’s fees. Additionally, in 1994, Burton altered the date on a $12,000 check previously issued to his mother and negotiated it shortly after her death. Burton testified that this check also represented director’s fees paid to his mother. Respondent argues that all these payments represent constructive dividends to Burton. We agree with respondent. At trial, Burton generally testified that his family members were directors of ERG, that ERG held meetings from time to time, and that the purported directors performed services for ERG. However, he did not testify what services the purported directors 59(...continued) will resolve the difference in their Rule 155 computation.Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
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