- 28 - the lender must intend to enforce repayment. See Haag v. Commissioner, 88 T.C. 604, 615 (1987), affd. without published opinion 855 F.2d 855 (8th Cir. 1988). The record reflects that Winston did not intend to enforce repayment of the advances made to petitioner. The most compelling indication of this fact is that Winston included the full amount of the advances in petitioner’s Form K-1 for the partnership’s tax year ending January 31, 1993. Winston also refused Mr. Knoll’s request to recharacterize the payments as a loan or as a payment for a release of a tort-type personal injury claim. In addition, section 2(f) of the final settlement agreement allocates the $48,420 of payments as in satisfaction of items including “salary, draw, guarantee, bonus * * * partnership income or profits, fees, fee participation”. These facts do not support characterizing the proceeds as a loan. Other facts add additional support for the conclusion that Winston did not intend the advances to be loans. Petitioner signed acknowledgments of receipt each time he received a payment from Winston. Notably, the forms did not include terms of repayment, did not require petitioner to pay interest, and did not require petitioner to pledge collateral. While the acknowledgments stated that each payment would be recaptured from any lump-sum payment the firm may agree to pay petitioner, in light of other more compelling evidence, this fact is notPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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