Bradley K. Morrison - Page 5

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          from petitioner’s salary was a payment for the interest that                
          accrued in 2000 on the 1999 payments and disbursements.  The                
          partner testified that in 2000 interest accrued at the rate of              
          6.2 percent.  We find that this factor weighs in favor of                   
          petitioner.                                                                 
               Repayments to the lender from the borrower are evidence of a           
          loan.  Petitioner partially repaid his debt in 1999 by                      
          transferring $53,869 to Caspian.  Petitioner credibly testified             
          that he repaid the balance of the 1999 payments and disbursements           
          and the 2000 personal charges.  We find that this factor weighs             
          in favor of petitioner.                                                     
               A loan may exist if the borrower had a reasonable prospect             
          of repaying the loan and if the lender had sufficient funds to              
          advance the loan.  Petitioner’s 1999 payments and disbursements             
          totaled $280,623.  Petitioner’s 2000 personal charges totaled               
          $26,338.                                                                    
               Petitioner reported adjusted gross income of $132,351 and              
          $159,973 in 1999 and 2000, respectively.  We find that petitioner           
          had a reasonable prospect of repaying the advanced amounts.                 
               The corporate income tax returns for Caspian listed taxable            
          income of $1,257,491 and $360,116 for 1999 and 2000,                        
          respectively, and total income of $4,839,233 and $11,414,363 for            
          1999 and 2000, respectively.  We conclude that Caspian had                  








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