- 15 - capital. Petitioner never formally demanded repayment. Despite engaging in a restructuring of the Action note, he advocated no similar measure for his note. National also did not appear to treat the contribution as a debt inasmuch as no payment of principal or interest ever occurred, it did not request a deferment, and it effectively subordinated the note to the Action note. Cf. Dallas Rupe & Son v. Commissioner, 20 T.C. 363, 369- 370 (1953) ("here a debt was owed to petitioners by the symphony and was definitely so recognized by all parties concerned."). In any event, National's books or tax returns are not in evidence to prove it viewed the advance otherwise. The only indication that National ever regarded petitioner as a creditor came at a shareholders' meeting after the consent judgment had been entered against it in early 1994. At that time, the shareholders voted to satisfy petitioner's claim by awarding him stock in National's subsidiary corporations. However, this does not necessarily evince National's intent at the time the advance was made. Furthermore, the fact that petitioner won a judgment in State court for the amount of principal plus interest owing on the note does not dictate that the advance must be deemed a loan for Federal tax purposes. See Road Materials, Inc. v. Commissioner, 407 F.2d 1121, 1124 n.3 (4th Cir. 1969), ("It does not follow * * * that an advancement qualifying as a debt under state law must be treated as a debtPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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