Sid Paul Ruckriegel - Page 31

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                    (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 enable              





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