- 11 - in the amount of $9,000 as evidence of the existence of the purported loans made by Mr. Henderson. Petitioner had a corporate resolution dated December 31, 1995, which acknowledged receipt by the corporation of alleged loans from Mr. Henderson during 1995 totaling $18,575. Petitioner also had a similar corporate resolution dated December 31, 1996, which acknowledged receipt of alleged loans from Mr. Henderson in 1996 totaling $186,800. Mr. Smith testified that petitioner maintained a loan account titled “Loans Payable-W.R. Henderson”. He also testified that charges were made against the loan account for “expenses, of a personal nature, such as mortgage payment on [Mr. Henderson’s] home, contributions to charities, credit card payments,...and various other personal expenses.” During 1995 and 1996, the charges against the “Loans Payable-W.R. Henderson” account totaled $96,766 and $143,421, respectively. Mr. Henderson was president and sole shareholder of petitioner during the years in issue. The fact that the debtor and creditor are related parties does not preclude the existence of a bona fide debt. Calumet Indus., Inc. v. Commissioner, supra at 286. However, transactions between closely held corporations and their shareholders are examined with special scrutiny. Elec. & Neon, Inc. v. Commissioner, 56 T.C. 1324, 1339 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974). In Smith v. Commissioner, T.C. Memo. 1995-410, payments madePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011