- 15 - 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 provePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011