- 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
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