Timothy Dean Strong - Page 37

                                       - 37 -                                         
          Strong freely used the money for personal expenses.  Petitioners            
          do not address respondent’s argument.                                       
               If a controlling shareholder diverts corporate income to his           
          own use, the diverted funds are generally treated as constructive           
          dividends for tax purposes.  DiLeo v. Commissioner, 96 T.C. at              
          883.  A dividend is any distribution of property made by a                  
          corporation to its shareholders out of its earnings and profits.            
          Sec. 316(a).  Where a corporation makes a distribution to a                 
          shareholder that serves no legitimate corporate purpose and                 
          results in an economic benefit to the shareholder, the payment is           
          a constructive dividend to the benefited shareholder.                       
          Commissioner v. Riss, 374 F.2d 161, 167 (8th Cir. 1967), affg. in           
          part, revg. in part and vacating in part T.C. Memo. 1964-190; see           
          also Meridian Wood Prods., Inc. v. United States, 725 F.2d 1183,            
          1191 (9th Cir. 1984).  However, the fact that certain payments              
          are not deductible by a corporation as business expenses does not           
          automatically make them taxable to the shareholder.  Dolese v.              
          United States, 605 F.2d 1146, 1152 (10th Cir. 1979); Falsetti v.            
          Commissioner, 85 T.C. 332, 356-357 (1985); Ashby v. Commissioner,           
          50 T.C. 409, 418 (1968).  To the extent the payments do not                 
          represent some direct benefit to the shareholder, they are not              
          taxable to him.  See Ashby v. Commissioner, supra.                          
               Some of the income deposited into account No. 893315300 was            
          used by Mr. Strong for SCC’s legitimate business expenses.                  






Page:  Previous  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next

Last modified: May 25, 2011