-10- There is nothing in the record to suggest that petitioner's 50- percent partnership interest in J & M decreased or was otherwise affected by such repayment. This is compelling evidence that the advance to Tag Coal was not tied to an equity interest in J & M, and that the advance was a loan as opposed to a capital contribution. Fourth, Tag Coal's failure to repay $131,163.79 of the amount advanced was not voluntary. The outstanding debt became worthless only because Tag Coal was forced to declare bankruptcy after Commonwealth defaulted on its contract. We have no reason to think that Tag Coal would not have repaid the outstanding loan if Tag Coal had remained solvent. Moreover, there is no indication in the record, nor does respondent contend, that petitioner could have foreseen that Tag Coal would become insolvent. In sum, petitioner reasonably believed that Tag Coal could and would repay the loan. Petitioner's genuine intent to create a debtor-creditor relationship, the reasonable expectation of repayment, and the absence of any change in petitioner's equity interest in J & M upon repayment by Tag Coal lead us to conclude that the advance by petitioner to Tag Coal was a loan and not a capital contribution. Accordingly, we decide this issue for petitioners.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011