Olde Raleigh Realty Corporation - Page 13




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          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 rights            






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