- 19 - l. Intent to Repay Petitioner contends that Weiser's and Pollett's testimony establishes that decedent intended to repay the amounts transferred. We disagree. Weiser testified that decedent did not tell him that she did not intend to repay the purported loans. This does not show that decedent intended to repay the transfers. Pollett testified that decedent told her that she intended to repay the transfers. However, decedent had repaid only $103,000 of the amounts transferred when she died, leaving a claimed balance of $1,724,198. The testimony that decedent intended to repay those funds is less persuasive than decedent's conduct. This factor favors respondent. 3. Conclusion Courts carefully scrutinize a taxpayer's claim that transfers from corporations to their sole stockholders are loans. Turner v. Commissioner, 812 F.2d 650, 654 (11th Cir. 1987), affg. T.C. Memo. 1985-159. Petitioner argues that the notes decedent gave to Beth W. Corp. and decedent's and Beth W. Corp.'s records establish that the transfers were loans; however, we give less weight to written evidence of debt, bookkeeping and financial reporting, and the labels used by the parties when, as here, the corporation is closely held. Fin Hay Realty Co. v. United States, 398 F.2d 694, 697 (3d Cir. 1968); Calumet Indus., Inc. v. Commissioner, 95 T.C. 257, 286 (1990); Jos. N. Neel Co. v. Commissioner, 22 T.C. 1083, 1090 (1954). We give more weight toPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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