- 27 - was repaid, it appears that the repayment came from the funds transferred by James to Quotum’s Nordbanken account. In the face of competing documentation and on these facts, we conclude that James advanced the funds in exchange for an ownership interest in Quotum and a management position with the corporation. Consideration of the relevant factors leads us inescapably to the conclusion that James made a capital contribution to Quotum. As to Christopher, the record establishes only that Christopher gave $150,000 to James to invest in the quest to acquire Russian airplanes. Petitioners have failed to prove that they lent funds to Quotum or to Brian Wilcox and Michael Donnelly or that a true debtor-creditor relationship was ever established. Even If a Debt Was Created, Was It a Business Bad Debt? Even if we found that a bona fide debt was created, the debt was not created in proximate relation to a trade or business of petitioners. As we concluded earlier in this opinion, the trade or business in question, if there was one, was Quotum’s, not petitioners’. “When the only return is that of an investor, the taxpayer has not satisfied his burden of demonstrating that he is engaged in a trade or business”. Whipple v. Commissioner, 373 U.S. at 202.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011