Raymond R. Weigel - Page 15

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          f.  The treatment of the disbursements on the corporate records             
               Goshorn recorded the disbursements to petitioner as loans on           
          its corporate books.  Petitioner and Mr. Sweet discussed the                
          disbursements for the purpose of preparing Goshorn's financial              
          statements and tax returns.  Additionally, the disbursements were           
          disclosed to Goshorn's bank during the process of negotiating               
          loans from the bank.  These circumstances weigh in favor of                 
          treating the disbursements as loans.                                        
          g.  The creation of legal obligations                                       
               Taking into account the absence of any loan documentation,             
          petitioner failed to prove that any definite maturity date                  
          existed for the loans.  During the years in issue, the only funds           
          that Goshorn credited against petitioner's shareholder loan                 
          account consisted of the rent that Goshorn owed petitioner for              
          the use of the Eudora property.  Goshorn's rent was $5,000 per              
          month.  For the 1987 and 1990 tax year, Goshorn credited $60,000            
          each year to petitioner's loan account for rent; i.e., 12 months            
          at $5,000 per month.  However, in 1988 and 1989, Goshorn only               
          paid $50,000 and $25,000 in rent respectively.  Thus, for 1988              
          and 1989, petitioner only reduced his shareholder loan amount by            
          $50,000 and $25,000.  Therefore, for 1988 and 1989, there was no            
          regular repayment schedule.                                                 
               Petitioner has failed to prove a fixed maturity date and has           
          not made fairly regular repayments.  Thus, he has failed to prove           






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