Don C. Reser and Rebecca Jo Reser - Page 16

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          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 for              




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