- 13 - We have held on more than one occasion that in the closely held corporation context, loan repayments that commenced only after a taxpayer had notice of an IRS audit go far to weaken the payments as persuasive evidence of a preexisting intention of paying on schedule, or at all. See, for example, Tollefsen v. Commissioner, 52 T.C. 671, 680 (1969), affd. 431 F.2d 511 (2d Cir. 1970); Piekos v. Commissioner T.C. Memo. 1982-602; Granzotto v. Commissioner, T.C. Memo. 1971-106; see also Williams v. Commissioner, 627 F.2d 1032, 1034 (10th Cir. 1980) (repayment of taxpayer notes in stockholder control situation not made until after taxpayers were aware that their returns were to be audited, thus constituting a mere formalism of no great significance), affg. T.C. Memo. 1978-306. Petitioners apparently wished to keep their commitments to their financially troubled consolidated group of corporations as ephemeral as possible. Although Ernst & Young advised petitioners in February, 1990, that the Capital Note would be treated as a nonadmitted asset for purposes of computing NALICO's capital-to-premium ratio under State insurance company regulations, the record reflects no effort by petitioners to rectify the situation, although their very substantial net worth exclusive of their NAC Corporation holdings would make it seem probable that they could have done so. From this, and from petitioners' and NAC Corporation's general indifference toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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