Ronald B. and Annette C. Talmage - Page 61




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         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.           







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