- 16 - convincingly demonstrates that petitioner appropriated for personal use the diverted corporate receipts and the proceeds from checks for fictitious expenses. Petitioner also argues that some of the diverted funds were used to pay expenses related to the horse racing and beauty shop businesses. “[P]ayments made for the personal benefit of a shareholder by a corporation may constitute constructive dividends.” Falsetti v. Commissioner, supra at 356. The parties stipulated that petitioner and Ms. McNamara owned these businesses as sole proprietors. These payments are of expenses for petitioner and Ms. McNamara’s proprietorships, not corporate business expenses. Because the beauty shop and horse racing businesses were not corporate assets, any expenditure made in connection with these businesses did not benefit the corporation. See Truesdell v. Commissioner, supra at 1293-1294. B. Use of Corporate Property Respondent also determined that petitioner failed to report additional constructive dividends of $11,233 in 1988, $20,439 in 1989, and $8,060 in 1990, because “Moran General Constractors [sic] Inc. * * * permitted you to use corporate property for your personal use without compensation.” On brief, petitioner failed to address this issue. Respondent argues that his determination should be sustained because petitioner failed to offer any evidence at trial relating to this issue.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011