Jean I. Tedford - Page 22

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          1995.  Nor is there evidence that petitioner and Mr. Tedford ever           
          demanded payment of interest.                                               
               This factor favors respondent’s position.                              
               K.  Ability of Border To Obtain Loans from Outside Lending             
               Institutes                                                             
               “[T]he touchstone of economic reality is whether an outside            
          lender would have made the payments in the same form and on the             
          same terms.”  Segel v. Commissioner, 89 T.C. 816, 828 (1987)                
          (citing Scriptomatic Inc. v. United States, 555 F.2d 364, 367 (3d           
          Cir. 1977)); see also Calumet Indus., Inc. v. Commissioner, 95              
          T.C. at 287.                                                                
               Although, “the mere fact that a loan could not be obtained             
          from an unrelated source does not preclude the existence of a               
          bona fide loan,” Jack Daniel Distillery v. United States, 180 Ct.           
          Cl. 308, 332, 379 F.2d 569, 584 (1967), evidence that Border was            
          unable to obtain loans from outside lenders is an indication that           
          petitioner and Mr. Tedford’s transfers were capital investments.            
          Petitioner and Mr. Tedford’s financial support of Border through            
          the monetary transfers had no security or fixed payment terms and           
          was far more speculative than any transfers an outside party                
          would presumably make.  See Fin Hay Realty Co. v. United States,            
          398 F.2d at 697; Dixie Dairies Corp. v. Commissioner, 74 T.C.               
          476, 497 (1980).                                                            
               This factor favors respondent’s position.                              






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