- 16 - that legal obligations were created, and this factor weighs in favor of treating the disbursements as dividends, not loans. h. The corporation's attempts to enforce repayment Petitioner produced no evidence of any steps taken by Goshorn to compel repayment of the amounts that it carried as an account receivable from shareholder. This factor weighs in favor of treating the distributions as constructive dividends. i. The shareholder's intention or attempts to repay Repayment is strong evidence that a disbursement was intended as a loan. Crowley v. Commissioner, 961 F.2d at 1083. Where corporate distributions are repaid in full or in part from time to time, a true loan is indicated. Baird v. Commissioner, supra. Here, petitioner has made numerous repayments over the years. First, petitioner's largest credits against his "loan account" came from the rent that Goshorn owed petitioner for the use of the Eudora property. These credits totaled $195,000 during the years in issue. Second, petitioner has also been repaying a number of Goshorn's liabilities. Petitioner has been personally paying Goshorn's liabilities to Reddi-Mix Concrete, a debt of about $40,000 and to a pipeline company for material, a debt of about $10,000. These payments amount to approximately $50,000. Finally, in April 1993, petitioner and his wife personally borrowed $181,320.36 from the Aurora National Bank and used thePage: 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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