Elizabeth B. Miller - Page 20

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          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 note           





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