- 28 - pars. B-1, C-1, and E-2-a, above. Wise made journal entries in WRI's books and records stating that there had been payment and simultaneous "loan backs". However, in reality, WRI never parted with or received back any fees. No notes were issued for the "loan backs", the "loan backs" were not secured by any collateral, there was no repayment schedule, and no collection activity was ever attempted. Thus, for the reasons discussed at par. E-2-a, above, regarding the Hersco mortgage payment "loan backs", there was no economic outlay by Wise to WRI, and Wise cannot increase his basis as a result of his management fee "loan backs". We agree with respondent on this issue. 3. Intent Loan and Wesco's Loan In December 1996, Westfield lent $1.1 million to Intent (the Westfield loan), secured by land Intent owned. Shortly thereafter, Intent lent to WRI about $797,344 of the proceeds from the Westfield loan, in exchange for a note from WRI. Wise and Eicher claimed that their bases in WRI increased by $229,834 and $505,635, respectively, as a result of Intent's loan to WRI. They also claimed that their bases in WRI increased by $392,276 and $588,413, respectively, as a result of loans Wesco made to WRI. Respondent contends that neither Wise nor Eicher may increase his basis in WRI as a result of either Intent's or Wesco's loans to WRI because none of those loans was a debt of the S corporation that ran to Wise or Eicher as required by section 1366(d)(1)(B). Petitioners disagree and argue that bothPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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