Roger E. Goodrich and Suzanne B. Goodrich - Page 10

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               Transfers to closely held corporations by controlling                  
          shareholders are subject to heightened scrutiny, and labels                 
          attached to such transfers by the controlling shareholders                  
          through bookkeeping entries or testimony have limited                       
          significance unless these labels are supported by objective                 
          evidence.  Fin Hay Realty Co. v. United States, supra at 697;               
          Dixie Dairies Corp. v. Commissioner, supra at 495.                          
               An expectation of repayment solely from corporate earnings             
          generally is not indicative of a bona fide loan.  Roth Steel Tube           
          Co. v. Commissioner, 800 F.2d 625, 631-632 (6th Cir. 1986), affg.           
          T.C. Memo. 1985-58.                                                         
               Petitioners argue that all of the funds that petitioners               
          transferred to UI during 1986 and 1987 constituted loans and that           
          the 1989 promissory note reflected a bona fide business loan made           
          by petitioners that became worthless in 1990 and that therefore             
          qualifies for a business bad debt deduction.                                
               Respondent argues primarily that each of petitioners’                  
          transfers of funds to UI should be treated as a contribution to             
          the capital of UI, and therefore, that petitioners should not be            
          allowed the claimed $184,874 bad debt deduction under section               
          166.  Alternatively, respondent argues that if any portion of               
          petitioners’ transfers of funds to UI constituted bona fide loans           
          for the years in issue, that portion should be treated as                   
          nonbusiness loans that did not become completely worthless in               






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