Leo N. Levitt and Ruth G. Levitt - Page 49

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               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 security           




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