- 22 - 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 aPage: 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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