- 26 - Items of omitted Amounts asserted 1Amounts asserted gross income by the Bensons by respondent ERG recreation account $2,698 -- Alice Lane--property taxes 8,196 -- Automobile expenses 14,723 -- Director’s fees 37,000 -- Esther Benson check 12,000 -- Townsend check 15,000 -- Travel expenses 26,690 -- Legal expenses 34,159 -- Employee relation’s fund 44,027 -- Education expenses 9,166 -- Life insurance 4,781 -- Additional dividends 586 -- Total 119,026 $399,826 1 On brief, respondent failed to itemize the Bensons’ 1994 omitted gross income and provided only the total amount of the Bensons’ omitted gross income. 2 In Benson v. Commissioner, T.C. Memo. 2004-272, we held that Burton Benson received constructive dividend income of $3,889 from travel expenses. We will use this amount to calculate the Bensons’ omitted gross income. 3 In Benson v. Commissioner, supra, we held that Burton Benson received constructive dividend income of $4,033 from legal expenses paid by ERG. We will use this amount to calculate the Bensons’ omitted gross income. 4 In Benson v. Commissioner, supra, we held that the Bensons received constructive dividend income of $3,035 from amounts paid by ERG for the employee relation fund. We will use this amount to calculate the Bensons’ omitted gross income. The parties argue that the Bensons reported gross income in 1994 as follows: Items of gross Amounts asserted Amounts asserted income by the Bensons by respondent Wages $196,000 $196,000 Interest 7,105 7,105 Less: Baden Spiel Haus -- 1(4) flowthrough interest Less: Hermsmeir partnership -- 1(411) flowthrough interest Dividends 29,327 62,748 Less: NPI flowthrough -- 1(62,735)Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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