- 9 - Levy received no compensation for his services to JTFJ and Diane Levy’s wages were very small in comparison to the amount of the loans guaranteed. See id. at 98-99 (considering the amount of salary to be protected in relation to the amount advanced). Petitioners’ guaranty payments (i.e., $1,000 in 1988, $37,095 in 1989, $53,806 in 1990, $93,725 in 1992, and $13,800 in 1993) were made with a profit motive, the agreements were legally enforceable against petitioners, and the guaranties were, however, made before the obligations became worthless. See sec. 1.166-9(d), Income Tax Regs. The guaranty payments were worthless when made. Petitioners made only $93,725 of guaranty payments during the years in issue, all during 1992. Accordingly, petitioners are not entitled to deduct the guaranty payments in 1991. Petitioners, however, are entitled to deduct $93,725 as a 1992 nonbusiness bad debt. b. The Advances To determine whether a payment is a loan or a contribution to capital, numerous factors are considered. See Dixie Dairies Corp. v. Commissioner, 74 T.C. 476, 493 (1980); see also Bauer v. Commissioner, 748 F.2d 1365, 1368 (9th Cir. 1984) (stating that 11 factors are considered), revg. T.C. Memo. 1983-120. No individual factor is controlling, and the determination of whether advances are loans or contributions to capital requiresPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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