· 9/27/1984
In Re James A. Lane, Bankrupt. Frances B. Lane and James M. Gaines, as Trustee of the Bankrupt Estate of James A. Lane v. United States
Citations
- 742 F.2d 1311
- 54 A.F.T.R.2d (RIA) 6098
- 1984 U.S. App. LEXIS 18207
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Putman does not preclude disallowing a bad debt deduction if a guarantee is in fact a capital contribution
- “Generally, shareholders place their money ‘at the risk of the business’ while lenders seek a more reliable return.”
- “It is well-recognized in all areas of the law, that a subjective intent on the part of an actor will not alter the relationship or duties created by an otherwise objectively indicated intent”
- testimony showed that Lane was not disinterested creditor lending money to corporation with intent to create debt relationship, but instead made contribution to capital, seeking repayment only if the corporation was successful
- \This evaluation presents primarily a question of law.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Kravitch, Hatchett, Morgan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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