- 17 - shareholders and closely held corporations, formalities are often not followed. A lack of formality does not preclude treatment of disbursements as loans. See Miele v. Commissioner, supra at 568- 569. The absence of a note does not outweigh the behavior of petitioner or Caspian in treating the disbursements as loans. In addition, the fact that petitioner paid back a substantial portion of the disbursements indicates that the lack of collateral and the lack of a set repayment schedule did not diminish his intent to repay. Petitioner and Mr. Morrison understood the amounts disbursed to be loans. Petitioner acted in a manner consistent with the existence of a loan, as demonstrated by his payment of interest and substantial repayment of a portion of the amounts disbursed. Due to his salary and his history of repayment, petitioner had a reasonable prospect of repaying the disbursements in full. Based on the evidence in the record, we hold that the amounts disbursed to petitioner during the years in issue were loans.6 C. Petitioner is Not Liable for Section 6662 Accuracy-Related Penalties Respondent assessed section 6662(a) penalties of $64,703.40 and $41,502.20 against petitioner for 1999 and 2000, 6 This finding does not include the following amounts conceded by petitioner: (1) Capital gain of $137,880 received in 1999, and (2) additional income of $4,415.57 and $10,000 received in 1999 and 2000, respectively.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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