Delaware Corp., et al. - Page 52

                                       - 52 -                                         
          wishes of, such stockholder.21  On the record before us, we find            
          that petitioners have failed to carry their burden of establish-            
          ing that Delaware Corporation’s payments during 1994 and 1995,              
          respectively, of the disputed child care expenses were not made             
          at the direction of, or to satisfy the personal wishes of, Mr.              
          Barber.  On that record, we further find that petitioners have              
          failed to carry their burden of establishing that during 1994 and           
          1995, respectively, Mr. Barber intended to reimburse Delaware               
          Corporation for its payments of the disputed child care expenses.           
          On the record before us, we find that petitioners have failed to            
          carry their burden of establishing that Delaware Corporation’s              
          payments during 1994 and 1995, respectively, of the disputed                
          child care expenses did not confer an economic benefit on Mr.               
          Barber for those years.                                                     
               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 child care expenses do              
          not constitute constructive dividends to Mr. Barber for those               
          years and (2) that Delaware Corporation is entitled to deduct               
          such expenses for those years.                                              



               21See, e.g., Hufnagle v. Commissioner, T.C. Memo. 1986-119;            
          Bongiovanni v. Commissioner, T.C. Memo. 1976-131.                           





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