BAUER v. C.I.R.

No. 83-7422.

748 F.2d 1365 (1984)

Philip E. and Joan BAUER, Federal Meat Co. and Phillip and Ruth Himmelfarb, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1984.

As Amended January 4, 1985.


Attorney(s) appearing for the Case

Cameron Williams, Gerald H. Granof, Tyre, Kamins, Katz & Granof, Los Angeles, Cal., for petitioners.

Murray Horwitz, Tax Div., Dept. of Justice, Washington, D.C., for respondent.

Before CHAMBERS, HUG, and BOOCHEVER, Circuit Judges.


HUG, Circuit Judge:

This case concerns a determination of whether cash payments by two stockholders to their wholly-owned corporation were loans or contributions to capital. The Commissioner of Internal Revenue contended that the payments by the stockholders were contributions to capital and not loans, as the stockholders and the corporation maintained. The documentation between the parties and the books of the corporation reflected the cash payments as loans and...

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