- 31 - to Mr. Marcus, we would expect FRC to have paid Mr. Marcus double the amount of monthly dividends that it had previously been paying. Therefore, the nonpayment of dividends after April 1997 merely indicates that FRC was not sure what Mr. Dunne’s status was after the settlement agreement. The fact that Mr. Dunne was not compensated for any taxes relating to FRC’s income after the settlement agreement favors petitioners. FRC generally had a practice of compensating its shareholders for the income taxes they owed by virtue of their stock ownership. Had FRC considered Mr. Dunne to be a shareholder, it would have paid the amount of the taxes either to or on behalf of Mr. Dunne. Throughout Mr. Dunne’s correspondence with FRC’s bank and the bank’s attorney in September and October 1997, Mr. Dunne repeatedly asserted that he was a director, officer, and coowner of FRC. Mr. Dunne’s request for proof that he did not have those titles after the bank denied him access to certain records suggests that he asserted those titles with the belief that they entitled them to this access. Mr. Dunne also used those titles when he wrote to an FRC employee to request copies of FRC’s Form 1120S and his Schedule K-1 for 1997. Petitioners argue that Mr. Dunne asserted these titles because he retained legal ownership of FRC and he believed he had rights as a creditor of FRC. Petitioners also rely on Mr.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NextLast modified: March 27, 2008