Stan Pyron and Ruth S. Pyron - Page 7

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          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,            




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