Thomas K. and Billie J. Scallen - Page 30




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          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.                    





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