Kamil F. and Nagwa Gowni - Page 36

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          1998 and 1999 against their basis in their Tomson stock; and                
          (3) $50,000 of the distribution that the Mansours received from             
          Micca in 1996 was not taxable because Mr. Mansour used that                 
          amount to buy out another shareholder’s interest in Micca.  We              
          address each of these arguments in turn.                                    
                    2.  Repayment of Shareholder Loans by Mina of Forest              
          City and Bishoy                                                             
               Whether a withdrawal of funds by a shareholder from a                  
          corporation or an advance made by a shareholder to a corporation            
          creates a true debtor-creditor relationship is a factual question           
          to be decided based on all of the relevant facts and                        
          circumstances.  Haag v. Commissioner, 88 T.C. 604, 615 (1987),              
          affd. without published opinion 855 F.2d 855 (8th Cir. 1988); see           
          also Haber v. Commissioner, 52 T.C. 255, 266 (1969), affd. 422              
          F.2d 198 (5th Cir. 1970); Roschuni v. Commissioner, 29 T.C. 1193,           
          1201-1202 (1958), affd. 271 F.2d 267 (5th Cir. 1959).  For                  
          disbursements to constitute true loans, there must have been, at            
          the time that the funds were transferred, 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, supra at 615-616; see              
          also Haber v. Commissioner, supra at 266.  Direct evidence of a             
          taxpayer’s state of mind is generally unavailable, so courts have           
          focused on certain objective factors to distinguish repayments of           
          bona fide loans from disguised dividends, compensation, and                 






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