- 8 - guaranty to be proximately related to the taxpayer's trade or business. Putoma Corp. v. Commissioner, 66 T.C. 652, 673 (1976), affd. 601 F.2d 734 (5th Cir. 1979); see United States v. Generes, supra. A motive is business related when the taxpayer seeks to increase or protect the taxpayer's salary to be paid from the debtor corporation. Putoma Corp. v. Commissioner, supra at 674. A motive is investment related when the taxpayer aims to increase or protect the value of the taxpayer's stock in the debtor corporation. See United States v. Generes, supra; Weber v. Commissioner, supra. In deciding the taxpayer's motive for purposes of section 166, however, we examine the objective facts surrounding the loans rather than the taxpayer's subjective intent. Kelson v. United States, 503 F.2d 1291, 1293 (10th Cir. 1974) (citing United States v. Generes, supra). Characterization of an advance as either a loan or capital contribution is a question of fact which must be answered by reference to all of the evidence, with the burden on the taxpayer to establish that the alleged loans were bona fide debt. Rule 142(a); Dixie Dairies Corp. v. Commissioner, 74 T.C. 476, 493 (1980); Yale Ave. Corp. v. Commissioner, 58 T.C. 1062, 1073-1074 (1972). Objective factors are to be considered, and the taxpayer's subjective intent alone is not determinative of the issue of characterizing an advance as debt or equity. United States v. Uneco, Inc. (In re Uneco, Inc.), supra at 1209.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011