- 5 - Associates' income tax return for the year ended September 30, 1988 (1987 corporate return), reported that its indebtedness to shareholders decreased by $125,000 during that year. OPINION The principal issue presented for decision in the instant case is whether the distribution3 petitioner received from Associates during 1988 was a loan repayment or a dividend. If we decide that the distribution was a dividend, and therefore taxable income, the question of the amount received must also be decided. In order to ascertain the nature of the 1988 distribution, we must decide whether, based on reliable indicia of the intrinsic economic nature of the transaction, there was a genuine intention that the 1981 transaction create a debtor-creditor relationship between Associates and petitioner. Alterman Foods, Inc. v. United States, 505 F.2d 873, 877 (5th Cir. 1974); Road Materials, Inc. v. Commissioner, 407 F.2d 1121, 1124-1125 (4th Cir. 1969), affg. on this issue T.C. Memo. 1967-187; Kohler- Campbell Corp. v. United States, 298 F.2d 911, 913 (4th Cir. 1962); Litton Bus. Sys., Inc. v. Commissioner, 61 T.C. 367, 378 3 As discussed below, we consider petitioner to have received only one distribution from Associates during 1988.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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