James P. Shea and Patricia H. Shea - Page 27




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          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.                                                                









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