- 54 - Petitioner has the burden to prove the transferred funds constituted loans. See Rule 142(a).20 A loan is “‘an agreement, either expressed or implied, whereby one person advances money to the other and the other agrees to repay it upon such terms as to time and rate of interest, or without interest, as the parties may agree.’” Welch v. Commissioner, 204 F.3d 1228, 1230 (9th Cir. 2000) (quoting Commissioner v. Valley Morris Plan, 305 F.2d 610, 618 (9th Cir. 1962), revg. 33 T.C. 572 (1959) and 33 T.C. 720 (1960)), affg. T.C. Memo. 1998-121. Because receipt of money pursuant to a loan is offset by a corresponding obligation to repay, a loan is not taxable income. Commissioner v. Tufts, 461 U.S. 300, 307 (1983). For a bona fide loan to arise both parties must have had an actual intent to establish a debtor-creditor relationship at the time the funds were advanced. Estate of Chism v. Commissioner, 322 F.2d 956, 960 (9th Cir. 1963), affg. Chism Ice Cream Co. v. Commissioner, T.C. Memo. 1962-6; Fisher v. Commissioner, 54 T.C. 905, 909-910 (1970). Whether the parties intended to establish a debtor-creditor relationship is determined by the facts and circumstances. Fisher v. Commissioner, supra at 910. The U.S. 20 The burden of proof does not shift to respondent in this case pursuant to sec. 7491(a) because petitioner failed to: (1) Comply with the requirements under the Code to properly substantiate items; (2) show he maintained all required records; and (3) show he cooperated with the reasonable requests of respondent for documents and information.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 NextLast modified: March 27, 2008