- 13 - between creditor and stockholder; (10) the source of interest payments; (11) the ability of the corporation to obtain loans from outside lending institutions; (12) the extent to which the advance was used to acquire capital assets; and (13) the failure of the debtor to repay on the due date or to seek a postponement. Estate of Mixon v. United States, 464 F.2d 394 (5th Cir. 1972); see also Lane v. United States (In re Lane), 742 F.2d 1311 (11th Cir. 1984); Stinnett's Pontiac Serv., Inc. v. Commissioner, 730 F.2d 634 (11th Cir. 1984), affg. T.C. Memo. 1982-314. A shareholder/taxpayer seeking to treat an advance to a corporation as a loan bears the burden of proof on the point, Rule 142(a); Dixie Dairies Corp. v. Commissioner, supra, as do petitioners in this case. Transactions between a shareholder and a closely held corporation require special scrutiny. Gilboy v. Commissioner, T.C. Memo. 1978-114. Taking into account the above factors, we first consider whether the $475,000, or any portion thereof, constituted a loan, or loans, for Federal income tax purposes. Petitioners contend that as of December 20, 1991, the entire $475,000 represented a worthless bona fide debt, within the meaning of section 166(a)(1), owed to petitioner from BCBI. They further argue that no part of the debt constitutes a nonbusiness debt within the meaning of section 166(d), and therefore they are entitled to a business bad debt deduction in the amount of $475,000 for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011