- 29 - rental income recharacterized as constructive dividends counts as omitted gross income of the Bensons only to the extent that this income exceeds their pro rata share, which was disclosed on the Bensons’ return. We credit the Bensons with a “reverse” of $20,868 for the Lowell plant rent15 and $31,722 for the Stanford plant rent16 that has been recharacterized as a constructive dividend. In our prior opinion, we held that the Bensons had cancellation of indebtedness income of $88,291 in 1994. Benson v. Commissioner, T.C. Memo. 2004-272. On brief, the Bensons make no argument that this cancellation of indebtedness income was disclosed on their 1994 return. Furthermore, in our examination of the Bensons’ 1994 return, we have not found any statement that provides a clue to or discloses the cancellation of indebtedness. For purposes of section 6501(e)(1)(A), we find that the cancellation of indebtedness income of $88,291 constitutes omitted gross income to the Bensons in 1994. Next, we find that the Bensons omitted from gross income constructive dividends of $1,072 received from the Franklin account. In our prior opinion, we stated that “on his 1994 return [the Bensons’ son] Eric reported dividend income from Franklin account #1 of $1,072.” Benson v. Commissioner, supra. 15 $41,736 x 50% = $20,868 16 $63,444 x 50% = $31,722Page: 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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