- 14 - bear the burden of disproving respondent's determination. Rule 142, Tax Court Rules of Practice and Procedure. Petitioners boldly assert that the funds obtained from Colonial Bank "were neither swindled, embezzled or [sic] misappropriated". According to petitioners, Mr. Bradshaw obtained those funds from Colonial Bank as a loan. To establish "a bona fide debt obligation", petitioners rely on the prior course of dealing between Mr. Bradshaw and Colonial Bank, the security agreement between Motion, Inc., and Colonial Bank, the original petition filed by Colonial Bank in State court to initiate suit against petitioner and Motion, Inc., and the default judgment rendered by the State court in that case. According to petitioners, a debt obligation to Colonial Bank arose when the four worthless checks were returned unpaid. Petitioners contend that "this is the same type of transaction that Petitioner Ronald Bradshaw [had] participated in numerous times with Colonial prior to the date the four (4) checks were returned." They further contend that "the Security Agreement was entered into for the sole purpose of securing the type of extensions of credit which is the subject of this dispute." Petitioners point to Colonial Bank's suit in State court and assert that "The Default Judgment was granted exclusively on the Security Agreement and the banking relationship whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011