- 15 - promoter. It appears to us that, in making the advances, petitioner’s motivation was to protect his reputation as an investor. Petitioner also contends that he made advances to Color Trick in an effort to protect the investments of the other physicians who had loaned money to Color Trick. Advancing money to a corporation to protect the investments of others, however, is an indication that the taxpayer is not a promoter. United States v. Clark, supra at 896. Petitioner also contends that his advances and loans to Color Trick exceeded his initial investment in its stock by 60 times and that this circumstance indicates the lack of an investment motive for the loans and advances. We do not consider the circumstance pointed to by petitioner indicative of the lack of an investment motive given that petitioner (1) acquired additional stock in Color Trick during 1988 and 1989, (2) held 60 percent of its stock by the end of 1989 and (3) was not entitled to compensation for his services to Color Trick. It seems quite plausible to us that petitioner’s loans and advances were made to protect his increasing and substantial equity stake in the corporation. Based on our consideration of the entire record in the instant case, we hold that petitioner’s loans and advances to Color Trick, which became worthless in 1989, are nonbusiness bad debts. Whipple v. Commissioner, 373 U.S. at 203-204; UnitedPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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