- 8 - failing to pay off the debt would have soured their relationship with the Bank which held the mortgage on some of their real estate projects. Petitioner and decedent presented no evidence to support this claim other than petitioner's testimony to that effect. Moreover, while petitioner and decedent contend that forcing the bank to foreclose on its collateral, the Cessna airplane, would have soured their relationship with the Bank, the parties have stipulated that the debt was in fact fully paid with the proceeds of the sale of the Cessna plane. Petitioner and decedent presented no evidence that, had the Bank been forced to foreclose on this debt, their real estate business would have been adversely affected. There is no evidence to support petitioner's and decedent's contention that the Bank would have called all of petitioner's and decedent's outstanding loans if the Bank had foreclosed on this loan. Petitioners contend on brief that the size of their invest- ment in International Mining is a factor tending to show that their dominant motive in guaranteeing the debt was a business one. Petitioners' reliance on Litwin v. United States, 983 F.2d 997 (10th Cir. 1993), and Kelson v. United States, 503 F.2d 1291 (10th Cir. 1974), to support their contention that the size of petitioner's and decedent's investment is persuasive evidence of petitioners' motive is misplaced. Petitioners assert that, where the investment is relatively small, a dominant business motive is more likely. Petitioners appear to arrive at this conclusionPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011