Elizabeth B. Miller - Page 18

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          130, 136 (1938); Estate of Maxwell v. Commissioner, supra at 604;           
          Estate of Kelley v. Commissioner, supra at 323-324; Rude v.                 
          Commissioner, 48 T.C. 165, 173 (1967); Clark v. Commissioner, 18            
          T.C. 780, 783 (1952), affd. 205 F.2d 353 (2d Cir. 1953); Estate             
          of Van Anda v. Commissioner, supra at 1162-1163; Estate of                  
          Musgrove v. United States, supra at 664-665.  No one factor may             
          be determinative.  See Estate of Maxwell v. Commissioner, supra             
          at 604.                                                                     
              With the foregoing factors in mind, we turn to the facts and           
          circumstances surrounding each of the transfers at issue to                 
          determine whether at the time of each such transfer petitioner              
          entered into a bona fide creditor-debtor relationship with each             
          of her sons.                                                                
               1.   Whether There Was a Promissory Note or Other Evidence             
                    of Indebtedness With Respect to the Transfers at Issue            
               Stephen and Robert signed notes, dated September 14, 1982,             
          and October 4, 1982, respectively, stating that they promised to            
          repay the $100,000 that petitioner transferred to each of them              
          during 1982.  See, e.g., Estate of Van Anda v. Commissioner,                
          supra at 1162.                                                              
               2.   Whether Interest Was Charged on the September                     
                    1982 Note and the October 1982 Note                               
               Neither the September 1982 note signed by Stephen nor the              
          October 1982 note signed by Robert was to bear interest.  See,              
          e.g., Clark v. Commissioner, supra at 783.                                  





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