Donald G. and Beverly J. Oren - Page 25




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          repayment, truly placing the shareholder’s money at risk.”  Id.             
          at 933.  But, with a controlled entity, “it may be unclear                  
          whether the shareholder or the corporation is placed at risk.”              
          Id.  In such a case, the taxpayer must overcome a “a heavy                  
          burden” and demonstrate that the loans were bona fide and had               
          “economic impact”.  Id.                                                     
               Petitioners attempt to overcome this heavy burden and cite             
          several factors which suggest that Mr. Oren would be required to            
          make repayment to Dart in all events.  Petitioners claim that a             
          default on the part of Dart, HL, or HS on the various loan                  
          obligations could have triggered a chain reaction that would have           
          forced Mr. Oren to pay Dart out of his own assets.  We cannot               
          agree.                                                                      
               Dart was a financially stable and expanding company.                   
          Petitioners presented no evidence that would lead us to believe             
          that Dart would have been unable to repay its loan obligations to           
          HL and HS.  The same is true of HL and HS.  Both companies were             
          financially viable and expanding.  Further, given Mr. Oren’s                
          multicompany structure, HL’s and HS’s assets did not face the               
          same risks that were associated with the carrier companies, Dart            
          and Fleetline.  We can conclude that a default on the notes by              
          any of the Dart companies was highly unlikely.  In any event, it            
          is highly improbable that Dart would have made demand on Mr. Oren           
          to repay his loans from Dart.  Any demand on Mr. Oren would                 






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Last modified: May 25, 2011