- 74 - to NPI. See Noble v. Commissioner, 368 F.2d at 443; Truesdell v. Commissioner, 89 T.C. 1280 (1987). Nor is there any indication that any of the transfers served NPI’s business purpose. Additionally, as detailed above, ERG made significant payments to third parties, family members, and the Bensons themselves. ERG paid the Benson family’s personal expenses and purchased real property for their sole use and enjoyment. We disagree with the Bensons that a finding of constructive dividends necessitates a declaration that NPI is a sham entity. We do not find that NPI was a sham; however, we do find that there is competent evidence that transfers by ERG to NPI for purported royalties and engineering services during the years at issue were made by Burton for his personal benefit and lacked a business purpose. Indeed, the record discloses that NPI was a receptacle to which ERG transferred and pooled its operational profits. The exclusive licensing agreement and the payment of engineering services were the articulated justification for these payments. As the testimony and evidence demonstrates, there was a “plan” to keep ERG profits static, shuttling amounts in excess thereof to NPI, clothed as business payments. The profit level of ERG was not a function of economic realities but instead of tax planning and tinkering. The record demonstrates that Burton controlled both sides of the equation; there were no arm’s-length transactions between thePage: Previous 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Next
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