- 40 - reclassifying the loans as back-to-back loans through the taxpayer. In both cases, we found that the system was indicative of the contemporaneous treatment of the transactions as back-to- back loans through the taxpayer. In those cases, however, the adjusting entries were consistent with an established course of conduct whereby the payor corporation routinely made payments on behalf of the taxpayer shareholder. As noted supra, petitioners have established no such course of conduct for Paulan. Moreover, in each of Yates, and Culnen, the taxpayer- shareholder was intimately involved in recording the intercompany advances to the S corporation as giving rise to payables from the S corporation to him. In Yates, it was the taxpayer who directed his accountant to make intercorporate funds transfers and, by yearend, to record those transfers either as distributions to him followed by capital contributions to the payee S corporation or as back-to-back loans to the S corporation through him. In Culnen, the taxpayer’s regular accountant testified that it was the taxpayer who routinely, over a 20-year period, directed the bookkeeper for the payor corporation to have that corporation write checks on his behalf and charge the amounts to his loan account with the corporation; and the taxpayer’s outside accountant testified that she made the adjusting entries classifying the payor corporation’s payments to the loss S corporation as back-to-back loans through the taxpayer on thePage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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