IN RE FISCHER

Bankruptcy Nos. 92-06305, 93-00607.

169 B.R. 43 (1994)

In re James M. FISCHER, Jr., Debtor. James M. FISCHER, Jr., Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant. In re Charlotte L. FISCHER, Debtor. Charlotte L. FISCHER, Plaintiff, v. INTERNAL REVENUE SERVICE, Defendant.

United States Bankruptcy Court, M.D. Tennessee.

June 20, 1994.


Attorney(s) appearing for the Case

Joe Vaulx Crockett, III, Corbett, Crockett & Van Slyke, Nashville, TN, for James M. Fischer, Jr. and Charlotte L. Fischer.

Michael J. Martineau, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, DC, for I.R.S.


MEMORANDUM GRANTING THE DEBTOR'S OBJECTION TO THE INTERNAL REVENUE SERVICE'S PROOF OF CLAIM

GEORGE C. PAINE, II, Chief Judge.

I. INTRODUCTION

The issue before the court is whether a closely held corporation's monetary advances to its sole shareholder were taxable dividends or non-taxable loans. For the reasons stated in this memorandum, the court finds that the advances at issue were non-taxable loans. The...

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