- 13 - When a corporation does not formally declare a dividend, a distribution of property by a corporation may constitute a constructive dividend. Truesdell v. Commissioner, 89 T.C. 1280, 1295 (1987). Distributions are constructive dividends when a corporation provides a direct benefit to the taxpayer without an expectation of repayment. Neonatology Associates, P.A. v. Commissioner, 299 F.3d 221, 231-232 (3d Cir. 2002), affg. 115 T.C. 43 (2000); Hood v. Commissioner, 115 T.C. 172, 179 (2000) (quoting Magnon v. Commissioner, 73 T.C. 980, 993-994 (1980)); Truesdell v. Commissioner, supra. Although not every payment that has incidental benefit to the shareholder is considered a constructive dividend, a payment will constitute a constructive dividend when “‘the distribution was primarily for the benefit of the shareholder.’” Hood v. Commissioner, supra at 179-180 (quoting Loftin & Woodard, Inc. v. United States, 577 F.2d 1206, 1214 (5th Cir. 1978)). In addition to distributions of property, shareholders may receive constructive dividends when they use corporate property for personal purposes. “[I]f shareholders of a corporation use corporate-owned property for personal purposes, they will be charged with additional distributions from the corporation, taxable to them as constructive dividend income if the corporation has sufficient earnings and profits.” Melvin v. Commissioner, 88 T.C. 63, 79 (1987), affd. 894 F.2d 1072 (9thPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011