- 20 - and there was no discussion between petitioner and Stephen as to what, if any, consequences would result in the event he did not make the payment required by the terms of the note. In fact, despite Stephen's failure to remit the payment due under the September 1982 note on its due date, petitioner made no request of Stephen to repay that amount on or after that date, and they had no discussions on or after September 14, 1985, with respect to a possible extension of time within which he was to pay off that note or as to any other matter relating to that note. See, e.g., Clark v. Commissioner, supra at 783. Although the October 1982 note signed by Robert was not part of the record in these cases, the record establishes that the terms of that note were very similar to the terms of the September 1982 note signed by Stephen; that is to say, the October 1982 note signed by Robert stated that he was to pay petitioner $100,000 on demand or on October 4, 1985, if no demand was made. The record further establishes that petitioner wanted to treat both her sons Stephen and Robert in the same or essen- tially the same manner. Thus, we infer that petitioner's inten- tions and expectations with respect to both notes were, or were virtually, identical; that is to say, we infer that at the time Robert signed the October 1982 note, petitioner believed that the date on which he was to pay her the principal amount was open, she did not consider the October 4, 1985 date stated in that notePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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