- 24 - the loans were made; (3) the adequacy and nature of the taxpayer’s records; (4) whether the loan activities were kept separate and apart from the taxpayer’s other activities; (5) whether the taxpayer sought out the lending business; and (6) the amount of time and effort expended in the lending activity and the relationship between the taxpayer and his debtors. United States v. Henderson, 375 F.2d 36, 41 (5th Cir. 1967); Serot v. Commissioner, T.C. Memo. 1994-532, affd. without published opinion 74 F.3d 1227 (3d Cir. 1995). Petitioner argues that he was in the trade or business of “making loans and guaranties”; he relies on the following summary of guaranties and loans that petitioner claims he made: Guaranties petitioner made Year Debtor Amount of guaranties Guaranty fee 1984 IBC $9,000,000 $90,000 1987 IBC 15,000,000 150,000 1988 IBC 17,500,000 175,000 1989 IBC Amusement Rides, Inc. 1,500,000 150,000 1990 IBC 8,500,000 85,000 Total 51,500,000 650,000 Loans petitioner made Year Debtor Amount of loans Number of loans 1979-86 IBC $397,738 125 1989 WMG 3,000,000 1 1989 WMG 1696,456 23 1990 WMG 643,646 61 1991 WMG 236,450 25 1992 WMG 210,560 5 Total 34,989,850 240 1Respondent points out that this amount includes $90,843.21, which petitioner paid to Natwest in 1989, in respect of his personal obligation to Natwest.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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