Delaware Corp., et al. - Page 46

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          respective disputed property expenses relating to the Caroline              
          County farm and the Virginia Beach property that we have found              
          Delaware Corporation did not own during the years in question, it           
          is well established that when a corporation confers an economic             
          benefit on a stockholder in his or her capacity as such, without            
          an expectation of reimbursement, that benefit constitutes a                 
          constructive dividend to the stockholder.  E.g., Hagaman v.                 
          Commissioner, 958 F.2d 684, 690 (6th Cir. 1992), affg. in part              
          and remanding in part on another ground T.C. Memo. 1987-549;                
          Magnon v. Commissioner, 73 T.C. 980, 993-994 (1980).  The exis-             
          tence of a constructive dividend is a question of fact.  Hagaman            
          v. Commissioner, supra; Loftin & Woodard, Inc. v. United States,            
          577 F.2d 1206, 1215 (5th Cir. 1978).  Generally, a corporation              
          may not claim a deduction in computing its taxable income for a             
          payment that constitutes a constructive dividend to its stock-              
          holder.  See Hillsboro Natl. Bank v. Commissioner, 460 U.S. 370,            
          392-393 (1983); Va. Natl. Bank v. United States, 450 F.2d 1155,             
          1157-1158 (4th Cir. 1971); Berkley Mach. Works & Foundry, Inc. v.           
          Commissioner, 422 F.2d 362 (4th Cir. 1970), affg. per curiam T.C.           
          Memo. 1968-278.                                                             
               On the record before us, we find that petitioners have                 
          failed to carry their burden of establishing that during 1994 and           
          1995 Ms. Havens intended to reimburse Delaware Corporation for              
          its payments of the respective disputed property expenses with              






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