Estate of Leon Spear, Deceased, Jeanette Spear, Harvey Spear and Robert Spear, Administrators, and Jeanette Spear - Page 11

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          petitioners’ lawsuit against their accountant, Gil Brown, that              
          she did not recall any specific incidents of lending money to the           
          corporation.  Estate of Spear v. Commissioner, T.C. Memo. 1993-             
          213 (slip op. at 41).  Petitioners had no documents which                   
          corroborate their contention that the loans were made; there are            
          no notes evidencing the loans or records of payments on the                 
          loans; the loans were not shown in the books and records of                 
          petitioners’ corporations; and there is no evidence that                    
          collateral was requested or interest was charged.  Estate of                
          Spear v. Commissioner, T.C. Memo. 1993-213 (slip op. at 40-42).             
               To show that funds received were loan repayments,                      
          petitioners must show that the loans were bona fide.  This                  
          depends on all the facts and circumstances; generally no one fact           
          is determinative.  John Kelley Co. v. Commissioner, 326 U.S. 521,           
          530 (1946).  Petitioner did not testify that petitioners intended           
          their expenses for their parking lots to be loans.  There is no             
          evidence that there were any fixed maturity dates for repayment             
          of the money petitioners gave to the corporations.  Considering             
          petitioner’s testimony and the entire record, we continue to                
          conclude that petitioners did not make bona fide loans to their             
          corporations.                                                               
               We do not conclude that our finding that petitioners had               
          $200,000 in cash on December 31, 1974, means that respondent’s              
          determination of petitioners’ opening net worth failed to be made           
          with the requisite “reasonable certainty”.  Holland v. United               



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