- 10 - Holman Jones Hospital Accounts Receivable--Other” under which is written petitioner’s name. Upon review by the Court, they appear to be prepared contemporaneously with each transaction. The journal entries show amounts paid to or on behalf of petitioner and repayments to the account. The hospital reported the guarantee payments in the “debit” column. The hospital, therefore, treated each guarantee payment as an asset or account receivable; i.e., an amount that it would receive in the future. In addition, credits are shown in the journal entries, indicating that repayments were made to the account. Finally, the hospital’s intent to enforce repayment of the guarantee payments amount is demonstrated by the hospital’s proceedings against petitioner in the U.S. District Court to collect on the promissory note. If the hospital had not intended to enforce repayment, the hospital would not have filed a lawsuit on the issue in the U.S. District Court based on diversity and then sought a summary judgment on the undisputed facts. On the basis of the record, we conclude that the guarantee payments advanced to petitioner constituted a loan rather than taxable income because petitioner intended to repay the amounts paid to him and the hospital intended to enforce repayment of the guarantee payment amounts. We hold, therefore, that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011