16 1154 (5th Cir. 1972), affg. T.C. Memo. 1969-274. Objective facts weigh more heavily than the guarantor's statements of intent in ascertaining his or her motive. Kelson v. United States, 503 F.2d 1291, 1293 (10th Cir. 1974). Petitioners contend that they may deduct $750,000 as a bad debt for payments petitioner made to settle claims against him as guarantor of loans the bank made to Northeast. Petitioners argue that petitioner's dominant motive in guaranteeing the debt was to secure or protect his trade or business of being an employee of Northeast and his employability and reputation in the newsprint industry rather than to protect his investment in Northeast. Respondent contends that petitioner provided the guaranty primarily to protect his investment in Northeast. b. Whether Petitioner's Dominant Motive for the Guaranty Was To Benefit His Trade or Business or To Protect His Investment in Northeast Northeast paid no salary to petitioner in 1979. He guaranteed the $1.2 million line of credit to Northeast on January 11, 1980, about the time that he estimated that his investment in Northeast as a going concern was worth $1 million. We think petitioner's willingness to work 25 hours a week for Northeast for no salary shows that he wanted capital appreciation from Northeast, not income. Petitioner argues that he guaranteed Northeast's line of credit so that it would continue to operate, and that he would have been substantially compensated by Sigma for work he wasPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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