-15- 1991 Respondent determined that in 1991, petitioner withdrew $267,628, all of which had been recorded as increases to the loan account,9 and that he paid $42,801 to the corporation. Thus, respondent increased petitioners' 1991 income for capital gains in the amount of the net distribution, $224,827. In making the determination, respondent disallowed decreases to the loan account for unverified payments totaling $56,041 that petitioner asserts he made on behalf of Development. Petitioner asserts that the withdrawals he made in 1989, 1990, and 1991 were loans. However, during the years at issue he never executed any promissory notes in favor of Development for the funds he withdrew. Furthermore, although the corporation charged him interest on the withdrawn amounts, petitioner never actually paid any interest. The unpaid interest was capitalized to the loan account balance. Development never placed a limit on the amounts petitioner could withdraw nor specified a repayment schedule for the withdrawals. Finally, the withdrawals were not secured or collateralized. Distributions Versus Loans We must determine whether petitioner's withdrawals were bona fide loans, as petitioner contends, or disguised 9 Of the amounts recorded as an increase in the loan account, $850 was for the transfer of a facsimile machine to petitioner.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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