Estate of Frederick R. Hoffman - Page 5




                                        - 5 -                                          

          records and received repayments during the years in issue.                   
          Contrary testimony offered by Mrs. Hoffman was vague,                        
          contradictory, and unpersuasive.  Therefore, we conclude that the            
          advances were loans for purposes of section 7872, and the loan               
          requirement is satisfied.                                                    
                    2.  Demand or Term Loan                                            
               Below-market loans fit into one of two categories:  Demand              
          loans and term loans.  See sec. 7872(e)(1).  A demand loan                   
          includes “any loan which is payable in full at any time on the               
          demand of the lender.”  Sec. 7872(f)(5).  A term loan is “any                
          loan which is not a demand loan.”  Sec. 7872(f)(6).                          
               The determination of whether a loan is payable in full at               
          any time on the demand of the lender is a factual one.  Loans                
          between closely held corporations and their controlling                      
          shareholders are to be examined with special scrutiny.  See                  
          Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1339 (1971),            
          affd. without published opinion 496 F.2d 876 (5th Cir. 1974).                
          Petitioners made loans, without written repayment terms, to their            
          controlled corporation, and they determined when the loans would             
          be repaid.  Therefore, we conclude that the loans are demand                 
          loans.                                                                       
                    3.  Below-Market Interest Rate                                     
               A demand loan is a below-market loan if it is interest free             
          or if interest is provided at a rate that is lower than the                  





Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011