Sheldon R. and Phyllis Milenbach, et al. - Page 19

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          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.                                                      






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