James G. LeBloch and Cathy Michelsen LeBloch - Page 27




                                        -27-                                          
               Our agreement with petitioners that LeBloch’s transfers of             
          money to Michelsen and NT were loans flows from our findings of             
          fact that petitioners regularly advanced funds to each other                
          without formal documentation and without formal terms, that the             
          transfers in question were made with the expectation, belief, and           
          intent that they be repaid, that the transfers in question were             
          made incident to the transferee’s need for operating funds, and             
          that the transfers in question were repaid by the transferee                
          shortly after receipt.10  LeBloch lent $95,000 for use (and that            
          was used) in the business of the Nature’s Touch shops, and, of              
          that amount, $35,000 was repaid in 1997, $15,000 was repaid in              
          1998, $20,000 was repaid in 1999, and $25,000 was repaid after              
          1999.  In addition, petitioners had an informal understanding               
          that either of them would advance funds to the other without                
          formal terms and that the one for whose benefit the funds were              
          advanced would repay them.  In fact, as to LeBloch, it was not              
          uncommon for him regularly to pay a common expense in full and              
          then contemporaneously receive reimbursement from Michelsen for             
          her share of that expense.  Nor was it uncommon for LeBloch                 
          regularly to pay out of his personal funds expenses of a Nature’s           
          Touch shop and then seek and obtain reimbursement from the shops            


               10 Because respondent makes no assertion that LeBloch’s                
          transfers were contributions of equity rather than loans, we do             
          not consider that question.  See Metrocorp, Inc. v. Commissioner,           
          116 T.C. 211, 217 (2001).                                                   






Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next 

Last modified: November 10, 2007