- 26 - of loans originally made to the individual shareholder in his or her individual capacity. See Spencer v. Commissioner, supra at 84-85. Indeed, the Morrises did not even personally guarantee the loans in question.21 Although Briggs, together with Daniell, personally guaranteed the loans, he made no economic outlay that entitled him to add to his basis in his Towers Development stock. Moreover, petitioners have not treated the loans in question as personal loans by them to Towers Development. They have not reported Towers Development’s interest payments as constructive dividends, nor have they claimed any interest deductions with respect to the loans. See id. at 86. In sum, unlike Selfe v. Commissioner, 778 F.2d at 769, the instant case does not present one of the “unusual sets of facts” that would lead us to believe that the substance of the transactions in question was unfaithful to their form. Sleiman v. Commissioner, 187 F.3d at 1359. On the basis of all the evidence in the record, we conclude and hold that AMI looked to Towers Development as the primary obligor on the loans in 21 In fact, AMI mandated that Mr. Morris’ name be removed from the loan documents because he had a poor credit history. Imperial Pines Development Corp., which Mrs. Morris owned with Briggs, pledged property to AMI to secure additional financing for Towers Development. At some unspecified date, however, this security was released when Towers Development repaid the loan. There is no evidence that AMI looked to Mrs. Morris individually for repayment.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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