- 36 - F.2d 945 (7th Cir. 1984), affg. T.C. Memo. 1983-98; Thielking v. Commissioner, supra. Shareholder repayments are evidence that a withdrawal from a corporation constituted a loan. The repayment, however, must be bona fide. Crowley v. Commissioner, T.C. Memo. 1990-636, affd. 962 F.2d 1077 (1st Cir. 1992). Little weight need be given to repayments that appear to be motivated by a tax audit. Crowley v. Commissioner, 962 F.2d at 1084. Additionally, the fact that a taxpayer made some repayments may be overshadowed where total withdrawals each year, after repayments, steadily increase from year to year. See Regensburg v. Commissioner, 144 F.2d 41, 44 (2d Cir. 1944), affg. a Memorandum Opinion of this Court dated Apr. 20, 1943; Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1339 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974); Koufman v. Commissioner, T.C. Memo. 1976-330. Further, repayments that occur through bookkeeping entries such as salary credits and credits for bonuses are given less weight because such repayments are funded by the corporation. Busch v. Commissioner, 728 F.2d 945 (7th Cir. 1984), affg. T.C. Memo. 1983-98; Estate of Taschler v. United States, 440 F.2d 72, 76 (3d Cir. 1971). In Estate of Taschler, the Court of Appeals for the Third Circuit noted the following with regard to repayments in the form of salary credits: Within limits, taxpayer had complete control over the amount of his salary payments. He could have increasedPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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