- 16 - Processing & Sales Co. v. United States, supra; Litton Bus. Sys., Inc. v. Commissioner, supra at 377. Although we do not find that the parties created a formal "debt instrument", we do find that the parties have evidenced an objective expression of their intent to create a debt. See Litton Bus. Sys., Inc. v. Commissioner, supra at 377. The absence of formal notes does not preclude the court from treating other written documentation as evidence of a bona fide debt. Baird v. Commissioner, supra at 395; see Fin Hay Realty Co. v. United States, 398 F.2d 694, 697 (3d Cir. 1968). In Litton Bus. Sys., Inc. v. Commissioner, supra, the Court found that a board of directors' resolution directing that an advance account be established as a debt obligation was sufficient to indicate indebtedness between related parties. The memorandum contained statements reflecting "borrowing from the stockbroker" by "using trust assets as collateral" and was followed by a transfer of the borrowed funds from the trusts to the estate. The journal entries indicate the transfers of mortgages from the estate to the trusts in "partial debt settlement". We find that these writings show the presence of a valid debt and may be considered jointly to be objective evidence of indebtedness. b. Security, Interest Payments, or Fixed Repayment Date The parties have stipulated that there was no repayment schedule and no fixed maturity date with respect to the debt.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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