Yarbrough Oldsmobile Cadillac, Inc. - Page 36

                                       - 36 -                                         
          F.2d 945 (7th Cir. 1984), affg. T.C. Memo. 1983-98; Thielking v.            
          Commissioner, supra.                                                        
               Shareholder repayments are evidence that a withdrawal from a           
          corporation constituted a loan.  The repayment, however, must be            
          bona fide.  Crowley v. Commissioner, T.C. Memo. 1990-636, affd.             
          962 F.2d 1077 (1st Cir. 1992).  Little weight need be given to              
          repayments that appear to be motivated by a tax audit.  Crowley             
          v. Commissioner, 962 F.2d at 1084.  Additionally, the fact that a           
          taxpayer made some repayments may be overshadowed where total               
          withdrawals each year, after repayments, steadily increase from             
          year to year.  See Regensburg v. Commissioner, 144 F.2d 41, 44              
          (2d Cir. 1944), affg. a Memorandum Opinion of this Court dated              
          Apr. 20, 1943; Electric & Neon, Inc. v. Commissioner, 56 T.C.               
          1324, 1339 (1971), affd. without published opinion 496 F.2d 876             
          (5th Cir. 1974); Koufman v. Commissioner, T.C. Memo. 1976-330.              
               Further, repayments that occur through bookkeeping entries             
          such as salary credits and credits for bonuses are given less               
          weight because such repayments are funded by the corporation.               
          Busch v. Commissioner, 728 F.2d 945 (7th Cir. 1984), affg. T.C.             
          Memo. 1983-98; Estate of Taschler v. United States, 440 F.2d 72,            
          76 (3d Cir. 1971).  In Estate of Taschler, the Court of Appeals             
          for the Third Circuit noted the following with regard to                    
          repayments in the form of salary credits:                                   

               Within limits, taxpayer had complete control over the                  
               amount of his salary payments.  He could have increased                




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