Discussion:Reclassification to Constructive Dividends

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{{ForumNewPost|UserID=Frank stewart|Date=24 May 2006|Text=What can be done to reverse the IRS reclassification to dividends. My client (a corporation) invested $40,000 in another corporation (that he is a 50% shareholder). The IRS reclassified the $40k as a constructive dividend to my client personally.}} {{ForumNewPost|UserID=Frank stewart|Date=24 May 2006|Text=What can be done to reverse the IRS reclassification to dividends. My client (a corporation) invested $40,000 in another corporation (that he is a 50% shareholder). The IRS reclassified the $40k as a constructive dividend to my client personally.}}
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 +{{ForumReplyPost|UserID=Foxttron|Date=24 May 2006|Text=To whom the shares where issued? If the corporation has legal title to the shares, that is not a dividend, not an investment in sub (see the consolidation rules about control.) However, if the shares (of the second corporation)are in the name of the shareholder, the IRS is correct.}}

Revision as of 15:26, 24 May 2006

Discussion Forum Index --> Tax Questions --> Reclassification to Constructive Dividends

Frank stewart (talk|edits) said:

24 May 2006
What can be done to reverse the IRS reclassification to dividends. My client (a corporation) invested $40,000 in another corporation (that he is a 50% shareholder). The IRS reclassified the $40k as a constructive dividend to my client personally.

Foxttron (talk|edits) said:

24 May 2006
To whom the shares where issued? If the corporation has legal title to the shares, that is not a dividend, not an investment in sub (see the consolidation rules about control.) However, if the shares (of the second corporation)are in the name of the shareholder, the IRS is correct.