Olde Raleigh Realty Corporation - Page 12




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          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 made           






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