Paul A. Rendina and Janet Mae Rendina - Page 25

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          repayment or efforts to secure the same.”  In Austin Village,               
          Inc. v. United States, 432 F.2d 741, 745 (6th Cir. 1970), the               
          court relied on the fact that there was no unconditional promise            
          to repay the loans, no fixed schedule of payments, and no                   
          security given for issuance of the loans.                                   
               In the case at hand, none of the factors are present that              
          would tend to show that petitioner reasonably expected WSAI to              
          repay the “loan” in accordance with terms in line with those                
          generally prevailing in the business community.  See Nassau Lens            
          Co. v. Commissioner, 308 F.2d 39 (2d Cir. 1962), remanding 35               
          T.C. 268 (1960).  Moreover, no interest payments to petitioner              
          were made or provided for.  See Texas Farm Bureau v. United                 
          States, 725 F.2d 307, 313-314 (5th Cir. 1984).  If petitioner had           
          been a true lender, he would have provided for interest payments.           
          Curry v. United States, 396 F.2d 630, 634 (5th Cir. 1968).                  
               We find that petitioner’s $41,200 of deposits into the WSAI            
          checking account was a contribution to the capital of WSAI.                 
          Because petitioner was a shareholder of WSAI, his $41,200 of                
          contributions to capital is reflected in an increased basis for             
          his WSAI stock.  Sec. 1.118-1, Income Tax Regs.  Thus,                      
          petitioner’s basis in his WSAI stock was $41,450.15                         

          15At trial, respondent produced copies of WSAI checks to                    
          petitioner and to Camelot Court Development, Inc., and Camelot              
          Court Development, Inc. II, in the amounts of $5,000, $3,697, and           
          $57,703, respectively (Petitioner has a 45-percent interest in              
                                                             (continued...)           




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