- 31 - (3) Analysis of Petitioners’ Evidence of Loans by Them to Sidal (a) Introduction Both Michel and petitioners gave uncontradicted testimony that they believed the wire transfer and Paulan direct payments were structured so as to constitute back-to-back loans from Paulan to petitioners and from petitioners to Sidal, thereby generating bases for petitioners in Sidal equal to the loan amounts. As we have already noted, however, supra section III.C.2. of this report, petitioners’ beliefs are not necessarily determinative, and we must be objective in judging intent. Before we address the particular facts in front of us, we make some preliminary observations. Yates v. Commissioner, supra, and Culnen v. Commissioner, supra, instruct us that we are not required to find that Sidal’s indebtedness ran to Paulan, rather than to petitioners, solely because the flow of the borrowed funds ran directly from Paulan to Sidal, and the flow of the principal and interest payments ran directly from Sidal to Paulan. See also Gilday v. Commissioner, T.C. Memo. 1982-242 n.8, in which we were untroubled by such direct payments and characterized a scenario in which the S corporation repays the shareholder who in turn repays the lender as “the utilization of fruitless steps.” Nor do we consider it fatal to petitioners’ position that the back-to-back loan structure was adopted in order to enablePage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011