- 21 - same terms." Segel v. Commissioner, 89 T.C. at 828 (citing Scriptomatic, Inc. v. United States, 555 F.2d 364, 367 (3d Cir. 1977)); see also Calumet Indus., Inc. v. Commissioner, 95 T.C. at 287. Petitioner’s advance was far more speculative than what an outside lender would have made, further suggesting it was a loan in name only. See Fin Hay Realty Co. v. United States, 398 F.2d at 697; Dixie Dairies Corp. v. Commissioner, 74 T.C. at 497. Conclusion In Calumet Indus., Inc. v. Commissioner, supra at 287, we found the advances were made at the risk of the business, and it was unlikely that disinterested investors would have given a similar "loan". There were no principal or interest payments and no evidence that the obligations, in fact, bore interest. Further, the taxpayer failed to prove (1) the existence of formal debt instruments, (2) the presence of any fixed maturity dates for repayment of the advances, or (3) the presence of any security for the advances. We also found the advances were made in proportion to the taxpayer’s interest in the venture, and the company, which was experiencing financial problems, was unable to establish its own lines of credit or to borrow funds from banks without the guaranty of the taxpayer. Significantly, the taxpayer expected to be repaid from the debtor’s future earnings and profits. We held that the advances were in the nature ofPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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