- 30 - that petitioner engaged in these lending transactions to earn a profit from the interest on the loans. We cannot conclude that the numerous loans over the course of years were part of any trade or business of petitioner. With respect to IBC, petitioner claims that he made 125 separate loans or advances totaling $397,738 to IBC between 1979- 1986. Petitioner testified that those loans were made whenever IBC was “short of money, and they needed help” and that he got interest on these loans. Petitioner relies on a handwritten schedule entitled “Loans from T.K. Scallen to IBC: checks written to IBC by TKS”, which lists the dates of the purported loans, their amounts, and the check numbers for the loans. The record otherwise does not show the circumstances of the loans to IBC, and we have no reasonable basis for concluding whether those loans represented bona fide indebtedness, from where petitioner obtained the funds advanced to IBC, and whether petitioner expected to earn a profit from the interest on those loans. With respect to the many advances made to WMG in 1989-92, petitioner claims that those advances should be considered loans made as part of his claimed lending and financing business. 22(...continued) to fund his lending activities at a lower interest rate than his customers, and “he could earn a profit from the interest rate he charged in excess of what he paid.” Moreover, in that case, the taxpayer maintained amortization schedules containing interest rates, and the number of payments was printed and distributed to the borrowers. None of those facts are apparent herein.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011