- 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.
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