- 8 - Petitioner has failed to establish that the open transaction doctrine is applicable. Petitioner, on brief, contends that he loaned over $334,500 to M&L. This contention is based primarily on petitioner's testimony, which was vague, evasive, and otherwise unpersuasive. In an attempt to corroborate this testimony, petitioner presented scant and dubious documentation. Even if petitioner could establish that he loaned M&L these funds, the open transaction doctrine is not applicable, because petitioner did not have the requisite uncertainty relating to the recovery of his principal. Indeed, petitioner routinely received monthly payments from M&L and reinvested them in the company. Moreover, he encouraged friends and family to make investments in M&L. Petitioner also contends that the payments he received from M&L should be treated as a return of principal because they were made to conceal a fraud. Petitioner relies on Greenberg v. Commissioner, T.C. Memo. 1996-281. In Greenberg, the taxpayers transferred funds to a ponzi scheme that purported to be a legitimate mortgage company. The taxpayers were passive investors and were paid monthly payments from the company's bank account. The Court was presented with sufficient evidence to determine the amount of funds paid and received by the taxpayers, and it held that the payments the taxpayers received were not interest because they were not compensation for the use orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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