- 10 - 1996. On the other hand, respondent asserts that petitioner received $175,000 as an inducement or incentive to purchase and distribute Amoco products, and as such, the Amoco advance was income to petitioner in 1996. For Federal income tax purposes, a transaction will be characterized as a loan if there was “an unconditional obligation on the part of the transferee to repay the money, and an unconditional intention on the part of the transferor to secure repayment”. Haag v. Commissioner, 88 T.C. 604, 616 (1987), affd. without published opinion 855 F.2d 855 (8th Cir. 1988); see also Midkiff v. Commissioner, 96 T.C. 724, 734-735 (1991), affd. sub nom. Noguchi v. Commissioner, 992 F.2d 226 (9th Cir. 1993); Howlett v. Commissioner, 56 T.C. 951, 960 (1971). We look to both testimony and objective facts to ascertain intent. Busch v. Commissioner, 728 F.2d 945, 948 (7th Cir. 1984), affg. T.C. Memo. 1983-98; Commissioner v. Makransky, 321 F.2d 598, 600 (3d Cir. 1963), affg. 36 T.C. 446 (1961). For a payment to constitute a loan, at the time the payment is received the recipient must intend to repay the amount and the transferor must intend to enforce repayment. Haag v. Commissioner, supra at 615; Beaver v. Commissioner, 55 T.C. 85, 91 (1970). Further, the obligation to repay must be unconditional and not contingent on a future event. United States v. Henderson, 375 F.2d 36, 39 (5th Cir. 1967); Bouchard v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011