- 13 - Code. Secs. 301(c)(1), 316(a); Dolese v. United States, supra at 1152. During the tax years at issue, Goshorn reported earnings between $867,000 and $990,000. The disbursements to petitioner were never greater than Goshorn's retained earnings. Goshorn never declared a dividend for any of the years that petitioner owned and operated it. These factors militate against a finding of a bona fide loan. Crowley v. Commissioner, supra at 1085. d. The use of customary loan documentation Petitioner did not execute any notes to Goshorn reflecting his obligation to repay these amounts. Additionally, Goshorn was never provided a security interest against any of petitioner's property. Customary loan documentation is not a prerequisite to a bona fide loan, but "its absence unquestionably is relevant to the parties' intent." Id. at 1082. The absence of loan documentation leaves the taxpayer "with one less string to strum for the factfinder." Id. e. The ability of the shareholder to repay "Whether the shareholder, at the time of the disbursement, has a realistic ability to repay it is a factor which sheds light on his intentions." Baird v. Commissioner, T.C. Memo. 1982-220. Petitioner testified that the sums in question were intended to be fully repaid through the sale of either lot 1 or lot 2 of the Eudora property. Petitioner testified that, in 1991 or 1992, he received an offer to purchase lot 2 of the Eudora property forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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