HJ Builders, Inc. - Page 18

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          there is inadequate evidence in the record to support                       
          petitioners’ contentions and calculations.  The ledger is                   
          unreliable for the reasons previously indicated.  Raising the               
          issue of the proper calculation of earnings and profits for the             
          first time on brief has deprived respondent of the opportunity to           
          consider the issue and to examine and/or produce relevant                   
          evidence.  Therefore, we shall not consider petitioners’ earnings           
          and profits argument.                                                       
          Charitable Contributions                                                    
               Respondent disallowed the $4,120 payment to the Wrights’               
          church directly and the $1,276 payment for the benefit of the               
          church’s youth group that were initially claimed as business                
          expenses of the corporation, characterized the amounts as                   
          constructive dividends to Mr. Wright, and now proposes to treat             
          the amounts as charitable contributions deductible on the                   
          Wrights’ Federal tax return for 2001.                                       
               When a corporation pays the personal expenses of a                     
          shareholder without expectation of repayment, it may make a                 
          constructive dividend distribution taxable to the shareholder.              
          Magnon v. Commissioner, 73 T.C. 980, 993-994 (1980).  Whether a             
          constructive dividend exists turns on whether the distribution              
          was primarily for the benefit of the shareholder.  Hood v.                  
          Commissioner, 115 T.C. 172, 179-180 (2000).  Mr. Wright testified           
          at trial that he was personally involved as a counselor in his              






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Last modified: May 25, 2011