16 provided the collateral and were comakers on the note, they substantively received the loan and then made a separate loan to the corporation. The court indicated that Raynor would apply only if it was first determined that there was no economic outlay. There, because no loan repayments had been made by the shareholders, the court found that no economic outlay had been made and applied Raynor. Next the court analyzed whether the taxpayers were accommodation parties or principal debtors on the note. An accommodation party "'is one who signs the instrument in any capacity for the purpose of lending his name to another party to it'". Harrington v. United States, supra at 57 (quoting Del. Code. Ann. tit. 6, sec. 3-415). A surety is an accommodation party, while a principal obligor is not. Finding that the parties there were comakers on the note, the court looked to the actual note to discern the intent of the parties. Unable to find such an intent, the focus shifted to who was the principal beneficiary of the proceeds of the note. The court there found that the corporation was the primary beneficiary, despite some draws by the shareholders personally on the line of credit, and therefore the shareholders were accommodation parties. If there is not an economic outlay, then we must determine whether petitioner was an accommodation party on the notes to which he was a comaker. If petitioner is an accommodation party to DRPC on the bank notes, then he is not entitled to basis forPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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