Timothy Dean Strong - Page 38

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          Respondent allowed some of these expenses in the notice of                  
          deficiency, and we have identified additional promotional                   
          expenses in section II.C.1., above.  In addition, although SCC              
          may not deduct certain capital legal fees, see supra section                
          II.C.2., we are convinced that those items were of no personal              
          benefit to Mr. Strong.  These items, which are not constructive             
          dividends to Mr. Strong, are $2,835 in 1993 (check No. 6834) and            
          $4,000 in 1994 (check No. 7763).                                            
               Either the remaining income items disallowed as deductions             
          to SCC were used by Mr. Strong for personal benefit or he has               
          failed to show that they were not so used.  He made no                      
          distinction between SCC’s funds and his own, by his own                     
          admission.  He paid child support, medical bills, clothing,                 
          groceries, travel, and other personal expenses directly out of              
          account No. 893315300.  In addition to failing to properly                  
          substantiate his travel expenses, he has not shown that the                 
          travel expenses were not personal.  He has failed to establish              
          that the remaining nondeductible corporate expenditures had any             
          legitimate corporate purpose and were not for his benefit.                  
               In summary, the deposits into account No. 893315300                    
          determined to be taxable to SCC are taxable to Mr. Strong as                
          constructive dividends, less the amounts of (1) the expenses                
          allowed by respondent, (2) the promotional expenses we have held            







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