Ronald H. Bradshaw and Monica I. Bradshaw - Page 14

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             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 which                    




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