- 9 - ample support for this finding. In support of his assertion that the Bank lent the funds to him, petitioner focuses primarily on Petitioner's Note and asserts that this note establishes that he was primarily liable for the repayment of the Loan. We disagree. We read Petitioner's Note to be nothing more than another form of security required by the Bank as a precondition to making the $500,000 loan to EPC. In addition to the fact that Petitioner's Note stated specifically that it did not create a separate indebtedness, we read Petitioner's Note as well as every other document connected with the Loan to state clearly that EPC was the debtor and that petitioner was a guarantor. Nor do we find anything in the record to persuade us that petitioner and EPC had a debtor/creditor relationship during the relevant year. As a point of fact, EPC's 1982 and 1983 Form 1120, U.S. Corporation Income Tax Return, stated explicitly that neither EPC nor petitioner owed the other anything during the period from September 1, 1982, through August 31, 1984. We conclude, as we have found, that the Bank made the Loan to EPC, and that petitioner guaranteed the Loan. With this conclusion in mind, we turn to the income tax consequences that flow from petitioner's position as a guarantor. A guarantor may deduct a debt that he or she guaranteed when the guarantor's liability for the debt is certain and he or she actually pays it. See Helvering v. Price, 309 U.S. 409 (1940); Eckert v. Burnet, 283 U.S. 140 (1931). If the guarantorPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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