Eric B. Benson, et al. - Page 68

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          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.                                       





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