- 10 - 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 inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011