- 50 - or collateral, Zimmerman v. United States, 318 F.2d 611, 613 (9th Cir. 1963); (d) whether there is a written loan agreement, Road Materials, Inc. v. Commissioner, 407 F.2d 1121, 1123 (4th Cir. 1969), affg. T.C. Memo. 1967-187; (e) whether the parties' records, if any, treat the transaction as a loan, id. at 1124- 1125; and (f) whether the borrower has made any repayments, Estate of Ames v. Commissioner, a Memorandum Opinion of this Court dated Feb. 7, 1946. The first four of these factors favor respondent because there is no evidence that petitioner or Resyn had a note, loan agreement, or any other written instrument of indebtedness, or agreed to any rate of interest or a repayment schedule, or provided security. Finally, there is no evidence that Resyn sought payments from petitioner. Petitioners argue that petitioner repaid the loans by forgoing salary and by making repayments. Petitioners contend that these repayments are recorded in Resyn's books. However, Resyn's books showing repayments are not in evidence. There is no evidence that petitioner forfeited any salary to make loan repayments in excess of amounts taken into account by respondent. Petitioners argue that the amounts that Resyn paid for their personal benefit are loans because Resyn's records treat them as a loan receivable. We disagree. This factor alone is not sufficient to show that those payments are loans. Road Materials, Inc. v. Commissioner, supra at 1124; Calumet Indus., Inc. v. Commissioner, supra at 288; Baird v. Commissioner, 25Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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