Eric B. Benson, et al. - Page 93

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          income with respect to the amounts received from ERG and reported           
          on his 1994 return as “other income”.                                       
               19.  Respondent concedes that the Bensons did not have                 
          constructive dividend income in 1994 with respect to payments               
          that ERG made for travel expense for $536.                                  
               20.  Respondent concedes his alternative position that the             
          fair market value of rent on the Stanford plant was as determined           
          by an expert appraiser whose report respondent submitted to the             
          Court.                                                                      
               21.  Respondent concedes ERG’s computer purchase in the                
          amount of $3,847 did not constitute a constructive dividend to              
          the Bensons in 1993.                                                        
               22.  Respondent concedes that ERG’s payment of $692 for                
          health insurance coverage for Esther did not constitute a                   
          constructive dividend to the Bensons in 1994.                               
               23.  Respondent concedes that if the Court determines that             
          the Bensons received constructive dividends of $96,749 from ERG’s           
          payment of legal expenses, the Bensons are entitled to deduct               
          legal expenses (subject to the limitations in section 67) of                
          $77,973 for 1989.                                                           
               24.  For the years 1988, 1989, 1990, 1993, and 1994 to the             
          extent that the Court determines constructive dividends, these              
          amounts are taxed as dividends to the Bensons.                              








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