Warren Jack Kidder and Barbara Jeanne Kidder - Page 6

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          enforce the collection of the indebtedness.  See Estate of Van              
          Anda v. Commissioner, 12 T.C. 1158, 1162 (1949), affd. 192 F.2d             
          391 (2d Cir. 1951).                                                         
               During some of the period that funds were advanced by                  
          petitioners, Mr. Bogue was involved in a business.  In order for            
          petitioners to be successful, they would have to show, among                
          other things, a reasonable expectation, belief, and intention               
          that petitioners would be repaid as creditors regardless of the             
          success of the business and that the advances were not                      
          contributions to capital put at risk in the venture.  See Fisher            
          v. Commissioner, supra at 909-910; Fin Hay Realty Co. v. United             
          States, 398 F.2d 694, 697 (3d Cir. 1968).                                   
               The record, however, does not generally show that the                  
          advances were made to capitalize Mr. Bogue’s business activity.             
          Instead, it generally reflects that the advances made to Mr.                
          Bogue were randomly made without any apparent formality or                  
          expectation of repayment.  A review of the documents offered by             
          petitioners to support the amount of the advances reveals                   
          payments for medical bills, credit card purchases, apartment                
          rent, utilities, fines and court costs for motor vehicle                    
          violations, and other personal bills of Mr. and Mrs. Bogue.                 
          Until the time that Mr. and Mrs. Bogue voluntarily petitioned               
          themselves into bankruptcy, petitioners had not considered the              
          amount(s) that had been advanced and, after discussions with Mr.            

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