- 23 - 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. BasedPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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