-14- Templeman, of his potential liability for Tag Coal's outstanding employment taxes and that the loan was thus personal in nature. Petitioner contends that this dominant motivation for making the loan was to "keep the equipment working", thereby protecting J & M's ability to lease, as lessor, such equipment to its clients. Although petitioner's loan to Tag Coal undoubtedly benefited Mrs. Lykins' son, Mr. Templeman, we do not think that the desire to confer such benefit was the controlling factor in petitioner's decision to make a loan to Tag Coal. Rather, for the following reasons, we think that the motivation for making the loan was as articulated by petitioner and that such motivation was proximately related to his trade or business of leasing equipment. The IRS had informed Tag Coal that if the corporation did not pay its outstanding employment tax liability, the IRS would proceed against the assets held by J & M to satisfy such liability. If petitioner had not loaned money to Tag Coal, and if the IRS had proceeded against J & M's assets; i.e. the equipment, J & M would not have had equipment to lease to its clients. This would have effectively precluded petitioner from carrying on his trade or business of leasing equipment. In addition, Tag Coal was the primary lessee and customer of J & M. Since petitioner is a 50-percent partner in J & M, we can readily accept his testimony concerning his desire to "keep Tag afloat".Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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