Delaware Corp., et al. - Page 37

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          that Delaware Corporation is not entitled to deduct; and                    
          (5) petitioners are liable for the respective years at issue for            
          the accuracy-related penalties.                                             
               It is petitioners’ position that respondent erred in deter-            
          mining:  (1) That Delaware Corporation’s payments of (a) the                
          disputed property expenses, (b) the legal fees with respect to              
          the Mitchums Creek property, and (c) the disputed child care                
          expenses constitute constructive dividends to Ms. Havens or Mr.             
          Barber, as the case may be, that Delaware Corporation is not                
          entitled to deduct;14 (2) that Delaware Corporation is not enti-            
          tled to the Virginia Beach property depreciation deductions; and            
          (3) that petitioners are liable for the accuracy-related penal-             
          ties at issue.  In support of their position, petitioners rely              
          on, inter alia, Mr. Barber’s testimony.  We found his testimony             
          to be questionable, vague, general, conclusory, and/or uncorrobo-           
          rated in certain material respects.  We shall not rely on any               




               14Petitioners do not argue that Ms. Havens and Mr. Barber              
          did not receive constructive dividends during the years at issue            
          because of insufficient earnings and profits of Delaware Corpora-           
          tion.  See secs. 301(c)(1), 316(a).  Nor do petitioners contend             
          that Delaware Corporation intended (1) the payments of the                  
          disputed property expenses to be compensation to Ms. Havens, and            
          (2) the payments of the legal fees with respect to the Mitchums             
          Creek property and the disputed child care expenses to be compen-           
          sation to Mr. Barber that is deductible by it for the respective            
          years in question.  See Paula Constr. Co. v. Commissioner, 58               
          T.C. 1055, 1058-1059 (1972), affd. without published opinion 474            
          F.2d 1345 (5th Cir. 1973).                                                  





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