- 14 - 4. No Collateral Secured Repayment of the Loan The lack of collateral pledged to secure repayment is indicative of a constructive dividend. See Crowley v. Commissioner, supra at 1083; Roschuni v. Commissioner, supra at 1201-1202; Jones v. Commissioner, supra. Petitioner testified that he was not asked to provide collateral, but he understood his shares of Caspian would secure repayment. Under California State law, a creditor can acquire an enforceable security interest in collateral by having the debtor sign a security agreement and deliver the certificated security to the secured party. Cal. Com. Code secs. 8301, 9203(b) (West 2005). The record is devoid of any evidence that petitioner signed a security agreement or delivered his Caspian stock to Caspian. Therefore, we find that there was no collateral, including the Caspian stock, pledged to secure repayment. This factor weighs in favor of finding a constructive dividend. 5. Petitioner Made Repayments of $400,000 Repayments of the amounts disbursed indicate the existence of a loan. Crowley v. Commissioner, supra at 1083; see also Miele v. Commissioner, supra at 568; Roschuni v. Commissioner, supra at 1201; Weigel v. Commissioner, supra. However, to be persuasive, the amounts of repayments in comparison to the amounts owed must be substantial and not merely nominal. Miele v. Commissioner, supra at 568.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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