Jonathan B. Geftman - Page 16

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          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.               






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