Stephen M. and Rebecca A. Kerns - Page 6

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          immediate family member, before the end of May 2003 without the             
          consent of the Harris County-Houston Sports Authority.  In the              
          license agreement, petitioner agreed to use the license himself,            
          rather than to distribute it or the season tickets to others.               
          Because petitioner held title to the seat license until 2003,               
          InsurMark did not benefit from the license in 1999.4                        
               We conclude that InsurMark’s $7,800 payment in 1999 for the            
          permanent seat license was a constructive dividend to                       
          petitioners.                                                                
                                                       Decision will be               
                                                  entered for respondent.             



















               4 Petitioners do not contend, and we do not find, that the             
          primary benefit of the permanent seat license ran to InsurMark              
          rather than to them.  Cf. Hood v. Commissioner, 115 T.C. 172, 180           
          (2000).                                                                     





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