- 7 - This fact alone is not sufficient grounds for treating the costs of building the floating structures as constructive dividends to petitioner. See Nicholls, North, Buse Co. v. Commissioner, supra at 1238-1239. In support of his contention respondent argues that the floating structures conferred an economic gain and benefit upon petitioner because they “reflected a positive light upon petitioner’s standing in the community and his wealth”, they provided “prestige and [a] positive, youthful image”, and they provided security and covered moorage for his boat and jet skis, and petitioner used the property approximately 10 times a year for personal purposes.8 The record does not indicate petitioner personally received an economic gain or benefit from the floating structures in 1995. They were under construction in 1995 and were not available for use until May 28, 1996. Moreover, title to the floating structures was in VVI’s name, and when petitioner sold his residence as part of his bankruptcy in 2002, VVI was compensated for the accompanying sale of the floating structures. 8 On brief, respondent additionally argued that petitioner economically benefited when he used the floating structures to justify draws from VVI of $1,000 per month pursuant to the lease agreement between VVI and petitioner. However, respondent did not assert that the lease agreement between VVI and petitioner lacked corporate purpose, that VVI was not entitled to deduct its leasehold payments, or that petitioner did not report VVI’s leasehold payments as income.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007