- 61 - indicates the existence of a bona fide loan. Welch v. Commissioner, supra at 1231. A bona fide loan is not indicated when a taxpayer is financially unable to repay advanced funds at the time they are given. Estate of Taschler v. United States, 440 F.2d 72, 76 (3d Cir. 1971); Commissioner v. Makransky, 321 F.2d 598, 600 (3d Cir. 1963), affg. 36 T.C. 446 (1961). During 1998, 1999, 2000, 2001, and 2002, petitioner, directly or indirectly through SSI, was advanced $6,194,036 for the purchase, development, and operation of the Rivercliff property and for family support obligations while allegedly earning only $58,736, $76,560, $84,000, $67,850, and $75,000 in 1998, 1999, 2000, 2001, and 2002, respectively. Petitioner did not produce any documentation indicating he had other assets, other sources of income, or any prospective means of repaying the large sums of money he was advanced. See Commissioner v. Makransky, supra at 600-601. Therefore, it was unreasonable to expect at the time the funds were advanced that he could repay them. This factor indicates the parties did not intend to establish a debtor-creditor relationship at the time the funds were advanced. 5. Whether Interest Was Charged The payment of interest indicates the existence of a bona fide loan. Welch v. Commissioner, supra at 1231; Teymourian v. Commissioner, supra; Morrison v. Commissioner, T.C. Memo. 2005-53.Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 NextLast modified: March 27, 2008