- 21 - v. Commissioner, T.C. Memo. 1985-436. We have found that expenses for food and rent paid by Waterfall Farms are the Hubers’ expenses. Petitioners contend that the payments are not constructive dividends because Mr. Huber was required to repay any amounts that Waterfall Farms could not deduct for Federal income tax purposes. Petitioners cite Cepeda v. Commissioner, T.C. Memo. 1993-477, to support their position. Cepeda, however, is inapposite. In that case, the taxpayers claimed that advances made by the corporation were loans rather than employee compensation or constructive dividends. Here, petitioners do not contend that the corporate payments of the Hubers’ expenses were loans. 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). In the instant case, when the payments were made there was no unconditional obligation on the part of the Hubers to repay a specific dollar amount to the corporation. Their 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 beforePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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