- 32 - back-to-back loans, thereby increasing their bases in the S corporation. Id. Concerning the direct checks, we noted the interest payments by the S corporation as a factor weighing against the taxpayers’ attempts to reclassify the advances as back-to-back loans. Id. In contrast, as to the wire transfers, we declined to consider the interest payments fatal when the form of the transactions was otherwise in accordance with the substance advocated by the taxpayers. Id. The evidence was insufficient to overcome the form of the wire transfers and show that the taxpayers were not the intended borrowers but were merely conduits to funnel funds between the entities. Id. We further observed that although the back-to-back structure was adopted for the purpose of achieving tax bases, such was a permissible motivation where there was a business purpose (i.e., to provide working capital for the corporation) for the loans. Id. Likewise, the Court concludes here that the evidence in the record on balance weighs in favor of the $6 million having been structured in form as a loan to Mr. Gleason. Moreover, the evidence allegedly supporting a contrary substance is lacking in probative heft. Given the surrounding circumstances and particularly the abrupt implosion of the LBO, nothing proffered convinces the Court that those involved did not intend at the time the funds were advanced to operate in accordance with thePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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