- 49 - 4. Short Term Loans Petitioners contend that amounts Resyn paid for petitioners' personal expenses which respondent contends were constructive dividends were loans to petitioner from Resyn. Courts apply special scrutiny to the characterization by corporations that advances made by them to their sole stockholders are loans. Turner v. Commissioner, 812 F.2d 650, 654 (11th Cir. 1987), affg. T.C. Memo. 1985-159. Self-serving statements of intent, absent objective economic indicia of debt, are of little value to sole stockholders in unreported income cases. Id. at 654. Written evidence of debt, such as consistent bookkeeping and consistent financial reporting, may be little more than additional declarations of intent. Id. The form of the transaction and the labels used by the parties have less significance when the corporation is closely held because the parties can mold the transaction at their will. Fin Hay Realty Co. v. United States, 398 F.2d 694, 697 (3d Cir. 1968); Calumet Indus., Inc. v. Commissioner, 95 T.C. 257, 286 (1990). In deciding whether a bona fide loan exists, we consider: (a) Whether there is a note or other evidence of indebtedness and whether the lender charges interest, Clark v. Commissioner, 18 T.C. 780, 783 (1952), affd. 205 F.2d 353 (2d Cir. 1953); (b) whether there is a fixed repayment schedule, id. at 783; Frierdich v. Commissioner, T.C. Memo. 1989-393, affd. 925 F.2d 180 (7th Cir. 1991); (c) whether the lender requests any securityPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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