Eric B. Benson, et al. - Page 72

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          legal fees65 was incurred concerning unemployment issues.                   
          Presumably, these were not personal expenses.  However, for the             
          majority of the charges detailed, it is either impossible to                
          determine the purpose of the charges or those charges do not                
          appear to be deductible expenses of ERG.  For example, there are            
          charges concerning a property line dispute and loan agreement and           
          “MVPC documents”.  These could be either personal or business               
          expenses since both ERG and the Bensons donated money to MVPC for           
          which charitable deductions were claimed.  Additionally, there              
          are charges relating to probating Esther’s estate, which would              
          not appear to be ERG’s deductible expense.  Petitioners have                
          failed to meet their burden of proof as to these items except for           
          $126.  Accordingly, we hold that Burton has constructive dividend           
          income of $4,033.66                                                         
               13.  Employee Relations Expenses                                       
               Respondent determined that the Bensons received certain                
          amounts paid by ERG designated as business relations expenses.              
          On brief, respondent’s only argument is that the Bensons failed             
          to overcome the presumption of correctness in the notice of                 
          deficiency as to this issue.  The amount of income determined by            
          respondent is $4,027, but the invoices in evidence total                    
          $3,035.16.  See supra p. 30.  The Bensons failed to overcome the            

               65That is $210 per hour multiplied by .6 of an hour.                   
               66That is $4,159 less $126.                                            





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