- 18 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011