- 11 - or execute any security agreements to collateralize the monetary transfers. Petitioners rely on Litwin v. United States, 983 F.2d 997 (10th Cir. 1993); however, Litwin decided whether a bona fide debt was business or nonbusiness, not a question of whether a bona fide debt existed. Our conclusion is consistent with the analysis and holding in Jensen v. Commissioner, T.C. Memo. 1997- 491, affd. without published opinion 208 F.3d 226 (10th Cir. 2000). In Jensen, the Court held that the funds transferred by the taxpayers to a closely held corporation were not bona fide debts and not deductible as business bad debts under section 166(a). The Court of Appeals affirmed this Court’s holding in Jensen, which applied the relevant factors to the facts of that case as set forth in Calumet Indus., Inc. v. Commissioner, supra at 285. Based on the evidence, we conclude that petitioners’ monetary transfers to Auto Plaza did not constitute bona fide loans, and, therefore, the transfers should be treated as capital contributions. Petitioners may not take a deduction for bad debt under section 166. II. Self-Employment Tax The next issue is whether the net profits and losses of petitioners’ Schedule C businesses are attributable toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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