- 20 - documents, and no interest payments, and the categories and amounts shown on the Schedules L that petitioner said reflected the loan balances outstanding at yearend between him and the corporations were inconsistent with the face amounts of the corporations' notes to him. There are no loan documents beyond “fill in the blank” promissory notes, all signed in what appears to be the same ink with the same stated interest rate. Respondent argues that these promissory notes were created in preparation for trial. Petitioner has not convinced us otherwise, nor has he proven that these notes were prepared each year to keep track of the "running balances" between himself and the corporations. We believe it more likely that these notes were created in preparation for trial to try to save the bacon that had fallen into the fire when petitioners' numbers turned up in the audit lottery. Even if the notes were not prepared for trial, they do not evidence normal business practices. Although the notes contain maturity dates, there is no evidence, beyond cancellation stamps, that either the corporations or petitioner enforced payment at the purported maturity dates. In addition to obtaining repayment of principal, a true lender is concerned with receiving interest. Curry v. United States, 396 F.2d 630, 634 (5th Cir. 1968). Although there was stated interest on the notes of 5.25 percent,Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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