- 7 - Petitioners argue that we should ignore the form of the loans and rely on the economic substance in deciding whether the loans were actually made to petitioners. We find that the form and substance of the transaction was a loan from the bank to Family Motels. The proceeds of the loan were to be used to purchase the motels on behalf of the corporation. Petitioners submitted no evidence that they were free to dispose of the proceeds of the loans as they wished. Nor were the payments on the loans reported as constructive dividends in the corporation's income tax returns or on petitioners' income tax returns during the years in issue. Family Motels made all of the loan payments to the bank and deducted the interest paid on the loans. At trial, Mr. Hafiz stated that he occasionally made payments on the loans at issue. This, however, is contrary to the stipulation of facts. A party is not permitted to contradict a stipulation in whole or in part, except in the interest of justice. Rule 91(e); Stamos v. Commissioner, 87 T.C. 1451, 1454 (1986). Petitioners have offered no evidence other than Mr. Hafiz's assertions at trial that any payments were made by Mr. Hafiz. We deem the prior stipulation to be binding. Petitioners are not entitled to increase their bases in their stock by the amount of the loans. Nor can petitioners increase their adjusted bases by a portion of the loans. Absent an actual disbursement on the indebtedness, shareholders cannot augment their bases inPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011