Bradley K. Morrison - Page 6

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          sufficient funds to advance the amounts.  Therefore, this factor            
          weighs in favor of petitioner.                                              
               The conduct of the parties may indicate the existence of a             
          loan.  The conduct of petitioner and Caspian was consistent with            
          the existence of a loan.  Petitioner repaid the entire loan.                
          Petitioner testified that the 1999 payments and disbursements               
          were used to purchase a house and pay tax liabilities.  The 2000            
          personal charges were used for personal expenses.  We find that             
          this factor weighs in favor of petitioner.                                  
               After reviewing the above factors, we conclude that the 1999           
          payments and disbursements and the 2000 personal charges were               
          loans.                                                                      
          III. Penalty                                                                
               Pursuant to section 6662(a), a taxpayer may be liable for a            
          penalty of 20 percent on the portion of an underpayment of tax              
          (1) attributable to a substantial understatement of tax or (2)              
          due to negligence or disregard of rules or regulations.  Sec.               
          6662(b).                                                                    
               We have found for petitioner on the issue of whether the               
          1999 payments and disbursements were loans.  Therefore, there is            
          no underpayment of tax for 1999 on which a penalty may be                   











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