- 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 thePage: Previous 1 2 3 4 5 6 7 Next
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