- 29 - 493 U.S. at 209, 212; Herbel v. Commissioner, supra. Based upon our examination of the entire record before us, we find that the $1.5 million at issue does not constitute a loan. On that record, we further find that that amount is includable in petitioner’s gross income for the year at issue. We have considered all of the contentions and arguments of the parties that are not discussed herein, and we find them to be without merit, irrelevant, and/or moot. To reflect the foregoing, Decision will be entered for respondent. 21(...continued) commencement of a bankruptcy proceeding by Super Rite merely would have granted petitioner the option of canceling the April 16, 1999 supply agreement. Thus, it was within the control of petitioner, and not Super Rite, to cancel that supply agreement in the event that Super Rite were to commence a bankruptcy proceeding.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29
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