- 45 - business debt if it is proximately related to a taxpayer's trade or business. Sec. 1.166-5(b), Income Tax Regs.; see Putoma Corp. v. Commissioner, 66 T.C. 652, 673 (1976), affd. 601 F.2d 734 (5th Cir. 1979). To illustrate, if the dominant motivation of a person in making a loan to a corporation of which he is both a stockholder and an employee is to secure such person's employ- ment, and not to preserve such person's investment, the loan will be considered a business debt. See Garner v. Commissioner, 987 F.2d 267, 269 (5th Cir. 1993), affg. T.C. Memo. 1991-569. Mr. Morris testified that the purpose of the Galt loan was to assist Galt Communications in the early stages of its opera- tions by providing it with money with which to pay its business expenses. He further testified, and we have found, that although he was not an employee of that company at the time he made the Galt loan, he hoped to secure future employment with it by making the loan at issue. Mr. Morris also testified that he believed that that loan was a business loan. Although Mr. Morris' testi- mony is insufficient to establish what his dominant motivation was in making the Galt loan or whether his involvement with Galt Communications constituted a trade or business, it does show that some basis existed for believing that that loan was made primar- ily for business, and not investment, purposes. Accordingly, we find that there was some basis in fact and law to claim a deduc- tion for the worthless Galt loan. With respect to the claimed deduction for legal expensesPage: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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