-19--19- taxpayers have complete dominion.” Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955). Generally, proceeds of a loan do not constitute income to a borrower because the benefit is offset by an obligation to repay. United States v. Rochelle, 384 F.2d 748, 751 (5th Cir. 1967); Arlen v. Commissioner, 48 T.C. 640, 648-649 (1967); see Vaughan v. Commissioner, T.C. Memo. 1994-8. Whether a particular transaction actually constitutes a loan, however, is to be determined upon consideration of all of the facts. Fisher v. Commissioner, 54 T.C. 905, 909 (1970). Petitioners argue that the $6.7 million received from the LAMCC was a loan and, therefore, not taxable income. Respondent contends that the Raiders did not have an unconditional obligation to repay the $6.7 million, and, thus, the Raiders had taxable income upon receipt of the funds. Petitioners cite Commissioner v. Indianapolis Power & Light Co., 493 U.S. 203 (1990), in support of their argument that the $6.7 million represented a valid debt that was not includable in the Raiders' taxable income. In that case the Supreme Court addressed the issue of whether deposits required to assure payment of future bills for electric service were taxable to the power company. The Supreme Court analyzed the control and dominion that the power company enjoyed over the deposits in determining that the deposits did not constitute taxable income at the time deposited.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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