- 68 - performed, and there is no evidence when and how often board meetings were held. No minutes of these alleged board meetings were proffered as evidence. Furthermore, ERG did not issue Forms 1099, and generally, none of the purported directors reported the income on their individual returns.60 The “Transfer of income within the family presumably benefits both transferor and transferee.” P.R. Farms, Inc. v. Commissioner, 820 F.2d at 1089-1089 (citing Helvering v. Clifford, 309 U.S. 331, 335 (1940)). In P.R. Farms, Inc. v. Commissioner, supra, the majority shareholder of a corporate taxpayer structured his business affairs to, inter alia, shuttle money to his children.61 The court found the business arrangement gratuitous and held that the corporation could not deduct the transfers as ordinary and necessary business expenses, and the amounts transferred were constructive dividends to the shareholder. Id. at 1088. A similar result is appropriate here. There is no evidence what services the purported directors performed on behalf of ERG, when the meetings were held, and 60However, Eric did report the fees received in 1994 on his 1994 return. 61In P.R. Farms, Inc. v. Commissioner, 820 F.2d 1084 (9th Cir. 1987), affg. T.C. Memo. 1984-549, the taxpayer owned and operated fruit orchards (orchards company). The 91-percent shareholder, president, and director of the orchards company incorporated a fruit packing corporation (packing company) owned by the shareholder’s four children. The packing company was formed to assume responsibility for packing the orchards company’s fruit in exchange for fees.Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 Next
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