-11- bankruptcy filing on January 9, 1991, G. Naiman and others created and maintained the illusion that Pioneer Mortgage was financially stable when in fact it was not. Pioneer Mortgage maintained this illusion in order to attract new investor funds. These new funds were applied to the monthly interest payments due previous Pioneer Mortgage investors, prior financial obligations of the various Pioneer Mortgage companies and bank over-drafts at several financial institutions. Due to the nature of the fraud perpetrated on petitioners, there was no agreement between petitioners and Pioneer Mortgage. Petitioners believed that they were investing directly in specific promissory notes which were adequately secured by trust deeds. However, as the facts in this case clearly indicate, what petitioners ended up with was instead some sort of undivided interest as a creditor of Pioneer Mortgage's successor which is being liquidated via a bankruptcy proceeding. The payments received by petitioners during 1990 did not originate from investments of a character and quality in which petitioners believed they had invested. Rather, the evidence clearly demonstrates that the petitioners were defrauded as to the character and quality of the investment instruments owned by them. We agree with petitioners' characterization of the payments in question. Interest is compensation for the use or forbearance of money. Deputy v. duPont, 308 U.S. 488, 498 (1940). We conclude that the payments petitioners received through their investment with Pioneer Mortgage in 1990 were not for the use and forbearance of their money, but rather such payments were made to conceal G. Naiman's fraudulent misappropriation of petitioners' investment. Accordingly, the payments represented a return of petitioners' investment and should not be included in income as interest simply because the payments were reported as interest on Forms 1099-INT. Cf. Burnet v. Logan, 283 U.S. 404 (1931). The interest label givenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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