- 12 - by the corporation to pay the personal expenses of its sole shareholder were held not to be loan repayments. In that case, the taxpayer did not testify, and the only evidence of a loan was the accountant’s testimony. There were no loan agreements or other documentary evidence relating to the alleged loans. Id. Like Smith v. Commissioner, supra, petitioner has not convinced this Court that Mr. Henderson made bona fide loans to the corporation during the years in issue. In this case, neither Mr. Henderson nor any other officer or employee of petitioner testified as to the existence of any such loans. Petitioner primarily relies on the testimony of Mr. Smith, the corporation’s accountant. Mr. Smith testified that, other than the $9,000 promissory note, there were no written agreements or notes evidencing additional loans. Specifically, Mr. Smith testified that the only record of the purported loans indicated by the 1995 and 1996 corporate resolutions were found in petitioner’s own general ledger. Such records, absent objective evidence of a loan, will be given little weight. Dixie Dairies Corp. v. Commissioner, supra at 495. Petitioner provided no other receipts, bank statements, or canceled checks evidencing the receipt by the corporation of the amounts purported to have been loaned by Mr. Henderson. Mr. Smith testified that the purported loans evidenced by the 1995 and 1996 corporate resolutions did not provide for interest, repayment terms, or enforcement rightsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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