- 13 - involvement in the manufacture of vending machines. Conversely, respondent contends that the securing of future business was not the dominant motive. Respondent argues that the potential for profit from the appreciation of Snack share holdings was the dominant motive for K&H advancing funds to Snacks.5 To some extent, we have tangentially addressed this question by holding that K&H’s advances to Snacks were debt (loans) rather than equity. In addressing the debt versus equity question, we have already decided that the advances were not equity and were not investment motivated. Petitioner, who earned substantial salaries from K&H, realized that competition had forced his company to seek out additional business and provide incentives for potential or existing customers. One of the ways that K&H accomplished this was to either advance money to or lessen the financial burden of customers. Leading up to and during the years in issue, K&H lent funds, purchased inventory and provided float for customers, and built manufacturing facilities to address customers’ needs. The transaction with Snacks fit within that pattern of K&H’s business activity. There was business potential and reasonable expectation of profit for K&H in its relationship with Snacks. 5 We note that neither party makes distinctions between petitioner and his wholly owned S corporation. For example, respondent connects petitioner’s share ownership with his S corporation’s advances.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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