Loretta Jean Randolph - Page 12




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          corporation lent petitioner $50,000 during 1989.  Accordingly, we           
          find that petitioner has failed to prove that the $50,000 was not           
          a loan.                                                                     
               Respondent determined that petitioner realized income during           
          1994 from the cancellation of indebtedness.  In support of that             
          position, respondent relies on the running of the period of                 
          limitations for enforcement of the note and the elimination of              
          the note from the Schedules L of the corporation and the three              
          spinoff corporations.  Petitioner did not submit any proof in               
          support of her position that the Pattersons forgave $10,000 of              
          the note each year for 5 years, resulting in the note’s being               
          paid in full by the end of 1993.                                            
               Although not controlling, the running of the period of                 
          limitations on the time within which the corporation could have             
          commenced an action against petitioner to recover the debt                  
          supports respondent’s position.  See Miller Trust v.                        
          Commissioner, 76 T.C. at 195.  Additional support for                       
          respondent’s determination is found in the manner in which the              
          corporation handled the note on its 1994 return.  The corporation           
          included the $50,000 note as an asset at the beginning of 1994 on           
          Schedule L.  However, neither the corporation nor any of the                
          three spinoff corporations included the note on its tax return as           
          an asset at yearend 1994.                                                   








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