Norton M. Bowman - Page 5

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               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.                          




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