- 199 - Year Amount 1973 $605,500.00 1974 387,876.45 1975 575,000.00 1976 265,000.00 We assume that respondent has conceded both higher sets of figures and now argues for only those sums that were converted to petitioner's personal use. These are the figures that are the basis for our holding. Petitioner argues that these withdrawals were not income because they constituted loans to him allegedly with the "full knowledge and agreement of Mr. Khalatbari". However, there is no documentary evidence in the record to support such an argument. Furthermore, Diesel Power financial statements do not reflect any loans made to shareholders. Petitioner testified that the amount that was owed became a part of the litigation with Diesel Power and was part of the claim of right which he subsequently reported as income. As we stated in Gilbert v. Commissioner, 74 T.C. 60, 65 (1980), the critical question in resolving the issue of whether there is a loan "is whether there was a genuine intention to create a debt, which, in turn, depends upon weighing such objective factors as reasonable expectation of repayment and the economic reality of the claimed debtor-creditor relationship." Petitioner has not presented any evidence other than his testimony or that of his employees to convince us that these withdrawals were loans. There is no loan agreement or promissoryPage: Previous 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 Next
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