- 23 - 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). In the instant cases, when the payments were made there was no unconditional obligation on the part of Mr. Tschetter to repay a specific dollar amount to the corporation. His obligation to repay any of the payments was in general terms. The amount of repayment could not be determined when the payments were made. Any obligation to repay any amount could not arise before respondent disallowed the deduction for the expenses; i.e, when the Wolf Creek Farm notice of deficiency was issued in January 2001. Thus, the payments were not loans. Since the payments when made by Wolf Creek Farm did not constitute business expenses of the corporation or loans to Mr. Tschetter, the conclusion is inescapable that the payments constituted distributions by Wolf Creek Farm to Mr. Tschetter. In N. Am. Oil Consol. v. Burnett, 286 U.S. 417, 424 (1932), the Supreme Court stated: If a taxpayer receives earnings under a claim of right and without restriction as to its disposition, he has received income which he is required to return, even though it may still be claimed that he is not entitled to retain the money, and even though he may still be adjudged liable to restore its equivalent. * * * It is clear, therefore, under the claim of right doctrine, the amounts paid by Wolf Creek Farm in 1995, 1996, and 1997 werePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011