- 11 - complete transactions as opposed to open account debt.10 Cornelius v. Commissioner, 494 F.2d at 471. The Court of Appeals stated: The real question to be decided is whether each advance to the corporation by the shareholders and its corresponding repayment constitute a separate and complete transaction or whether the indebtedness should be considered as an “open account” whose fluctuations are to be measured for tax purposes at the end of each taxable year. * * * The Tax Court properly determined that “the 1966 loans and the [1967] repayments thereof constituted a completed transaction, and the loans occurring later in 1967 were separate and apart from such transaction.” * * * [Id.; citation omitted.] Based on the Tax Court’s finding in Cornelius that the loans were separate transactions and not open account indebtedness, the taxpayers were required to recognize as taxable income the amount of the repayment in excess of the taxpayers’ basis in the advance at the time of repayment, without regard to the basis of a subsequent advance in the year of repayment. Cornelius v. Commissioner, 58 T.C. at 423. It may be inferred that a netting of advances and repayments during the year would have been proper if the loans had been open account indebtedness rather than separate transactions.11 Cornelius v. Commissioner, 494 F.2d at 10Pursuant to Bonner v. City of Prichard, 661 F.2d 1206 (11th Cir. 1981), the precedent of the Fifth Circuit Court of Appeals decided as of Sept. 30, 1981, is followed by the Eleventh Circuit Court of Appeals, the circuit to which an appeal of this case, absent stipulation to the contrary, would lie. 11In Smith v. Commissioner, 48 T.C. 872 (1967), affd. in part and revd. in part on another issue 424 F.2d 219 (9th Cir. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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