Raymond R. Weigel - Page 16

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          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 the             




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