Delaware Corp., et al. - Page 47

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          respect to the Caroline County farm and the Virginia Beach                  
          property that we have found she owned during the years in ques-             
          tion.  On that record, we further find that petitioners have                
          failed to carry their burden of establishing that during 1994 and           
          1995 Delaware Corporation’s payments of such expenses did not               
          confer an economic benefit on Ms. Havens.                                   
               Based upon our examination of the entire record before us,             
          we find that petitioners have failed to carry their burden of               
          establishing (1) that Delaware Corporation’s payments during 1994           
          and 1995, respectively, of the disputed property expenses do not            
          constitute constructive dividends to Ms. Havens for those years             
          and (2) that Delaware Corporation is entitled to deduct such                
          expenses for those years.  Based upon that examination, we                  
          further find that petitioners have failed to carry their burden             
          of establishing that Delaware Corporation is entitled for 1994 to           
          the 1994 Virginia Beach property depreciation deduction and for             
          1995 to the 1995 Virginia Beach property depreciation deduction.            
          See sec. 167(a).                                                            
          Legal Fees With Respect to the Mitchums Creek Property                      
               In support of their position with respect to the legal fees            
          with respect to the Mitchums Creek property, petitioners argue:             
               The payment of the legal fee by Delaware did not result                
               in a constructive dividend to Barber because he had                    
               already contracted with Delaware that it would pay all                 
               expenses in recovering the house as part of the consid-                
               eration for the purchase. * * *                                        






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