Elizabeth B. Miller - Page 23

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               6.   Whether There Were Actual Repayments With Respect to              
                    the September 1982 Note and the October 1982 Note                 
               Except for one $15,000 payment in 1982, Stephen made no                
          payments to petitioner after he signed the September 1982 note.             
          See, e.g., Estate of Maxwell v. Commissioner, 98 T.C. at 604.               
               As for the $15,000 payment, Stephen paid that amount to                
          petitioner on November 29, 1982, approximately two months after             
          petitioner had given him a second check for $50,000.  Neither               
          petitioner nor Stephen was able to explain why he paid petitioner           
          $15,000 approximately two months after she had transferred to him           
          during 1982 an additional $50,000.  The record is also unsatis-             
          factory as to why petitioner transferred a total of $100,000 to             
          Stephen when he needed only approximately $56,000 during 1982 to            
          pay off an outstanding mortgage on his house.  Moreover, peti-              
          tioner testified that the $15,000 payment that Stephen made to              
          her on November 29, 1982, was a partial repayment with respect to           
          the two $50,000 transfers she had made to him on June 18, 1982,             
          and September 9, 1982, respectively.  However, petitioner made no           
          reference to any portion of that payment in the February 1987               
          letter to Stephen in which she summarized the amounts she consid-           
          ered paid as of January 3, 1986, with respect to the $50,000                
          transfer she had made to him on June 18, 1982, and he raised no             
          questions about that omission when he signed that letter.  Based            








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