Thomas K. and Billie J. Scallen - Page 34




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          was familiar with.  It looked like a good business opportunity to           
          me, because I was well secured.  And I was able to make a fee.”             
               The minutes of the board of directors of IBC and the                   
          resolutions that relate to the authorization of guaranty fees to            
          petitioner also show a lack of business initiative, and indeed              
          reluctance, on the part of petitioner to make the guaranties.  If           
          anything, those minutes, the resolutions, and petitioner’s                  
          testimony indicate to us that petitioner made the guaranties to             
          protect or enhance his investment interest in IBC and not as a              
          part of a lending or financing trade or business.                           
               Further, it is not altogether clear that there was any                 
          agreement or understanding regarding guaranty fees in place                 
          before or contemporaneous with petitioner’s making of the various           
          guaranties.  Respondent suggests that the lack of assurance of              
          receiving fees from IBC is inconsistent with petitioner’s claim             
          of a trade or business of making guaranties.  Respondent argues             
          that the fees were not approved until the passing of the formal             
          resolutions, that petitioner guaranteed debts before “his                   
          entitlement to the related guarantee fee became an approved                 
          fact”, and that his guaranties “can only be construed as                    
          gratuitous acts which he intended to protect and/or benefit his             
          then existing interests in IBC”.  Petitioner testified that the             
          board’s resolutions authorizing the fees were made after he had             
          guaranteed the various loans; however, he also testified that the           






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