- 47 - 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. * * *Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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