Joseph F. and Dorothy M. German - Page 7




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          consolidation agreements with Aaland, to enforce collection of               
          principal or interest that Aaland owed him.                                  
               Viewed in its totality, the evidence in the record strongly             
          suggests that petitioner’s purported loans to Aaland were                    
          actually in the nature of contributions of risk capital, in                  
          return for which petitioner received his 20-percent ownership                
          interests in the corporations and by which he sought to protect              
          his initial investment.  Even assuming, however, that petitioner             
          made bona fide loans to Aaland (and respondent has not argued                
          otherwise), the record does not support a conclusion that                    
          petitioner had a separate business of lending money.  Cf. Sales              
          v. Commissioner, 37 T.C. 576 (1961); Rollins v. Commissioner,                
          supra at 613; Estate of Palmer v. Commissioner, 17 T.C. 702                  
          (1951).                                                                      
               Accordingly, we sustain respondent's determination.                     
               To reflect the foregoing,                                               
                                              Decision will be entered for             
                                        respondent.                                    
















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