- 5 - with examinations commencing after July 22, 1998, the burden of proof shifts to respondent if, among other requirements, petitioner introduces “credible evidence with respect to any factual issue relevant to ascertaining” her liability for the tax deficiency at issue. Even if we were to find that petitioner has met the requirements of section 7491(a)(1), respondent has presented sufficient evidence to meet his burden of proof. We shall first consider the character of the transfers made by petitioners to PPP. For Federal income tax purposes, a transaction will be characterized as a loan if there was "an unconditional obligation on the part of the transferee to repay the money, and an unconditional intention on the part of the transferor to secure repayment". Haag v. Commissioner, 88 T.C. 604, 616 (1987), affd. without published opinion 855 F.2d 855 (8th Cir. 1988). What is important is the bona fide intent that the debt shall be repaid, rather than the name of the transaction or the form the transaction takes. Berthold v. Commissioner, 404 F.2d 119, 122 (6th Cir. 1968), affg. T.C. Memo. 1967-102; Patrick v. Commissioner, T.C. Memo. 1998-30, affd. without published opinion 181 F.3d 103 (6th Cir. 1999). Petitioner testified that PPP and petitioners intended the payments made by PPP to be loan repayments. The mere declaration of intent, however, is not determinative without further evidence substantiating the existence of bona fide debt. See Turner v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011