Edward L. Provost and Vicky L. Provost - Page 21




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          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 of               








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