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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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