- 7 - Meneguzzo v. Commissioner, 43 T.C. 824, 831-832 (1965); sec. 1.6001-1(a), Income Tax Regs. Moreover, a taxpayer who claims a deduction bears the burden of substantiating the amount and purpose of the item claimed. Hradesky v. Commissioner, 65 T.C. 87, 90 (1975), affd. per curiam 540 F.2d 821 (5th Cir. 1976); sec. 1.6001-1(a), Income Tax Regs. Characterization of an advance as either a loan (i.e., debt owed to the lender) or capital contribution (i.e., equity held by the contributor in the entity) 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 Avenue Corp. v. Commissioner, 58 T.C. 1062, 1073-1074 (1972). The taxpayer's assertion that an advance was a loan is not determinative of the issue of characterizing an advance as debt or equity. See In re Uneco, Inc., supra. Advances to a closely held corporation by its shareholders are subject to particular scrutiny, as "The absence of arm's-length dealing provides the opportunity to contrive a fictional debt shielding the real essence of the transaction and obtaining benefits unintended by the statute." Gilboy v. Commissioner, T.C. Memo. 1978-114. In the instant case, the record consists of only the notice of deficiency and copies of petitioners' 1989 return, 1989 amended return, and 1990 return. Petitioners provided no books,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011