Edward L. Provost and Vicky L. Provost - Page 22




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          capital contributions and the taxpayer was a “classic capital               
          investor”.  Id. at 288.                                                     
               Like the alleged debt in Calumet Indus., the $200,000                  
          advance was made at the risk of the Corbin project, and                     
          petitioner expected to be repaid from the future profits                    
          generated by the sale of the properties.  Petitioner also                   
          conceded on brief that Mr. Magness was unable to secure                     
          additional loans from outside lenders.  Although "the mere fact             
          that a loan could not be obtained from an unrelated source does             
          not preclude the existence of a bona fide loan”, Jack Daniel                
          Distillery v. United States, 379 F.2d at 584, evidence that Mr.             
          Magness could not obtain additional loans from outside lenders is           
          an indication petitioner's advance was an equity investment,                
          especially in light of the fact that repayment was conditioned              
          upon the success of the Corbin project.  When the terms of the              
          advance by petitioner are considered, it is almost inconceivable            
          an outside lender would have advanced Mr. Magness money on                  
          similar terms.  This factor favors respondent’s position.                   
               The evidence supports respondent’s contention that the                 
          advance more closely resembled that of an investment in a joint             
          venture between petitioner and Mr. Magness.  Upon consideration             
          of the above factors, we hold that petitioner’s advance was not a           










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