- 6 - with the economic reality of creating a debtor-creditor relationship. Dixie Dairies Corp. v. Commissioner, supra at 494. The objective indicia of a bona fide debt include whether a note or other evidence of indebtedness existed and whether interest was charged. See Clark v. Commissioner, 18 T.C. 780, 783 (1952), affd. 205 F.2d 353 (2d Cir. 1953). Also considered are the existence of security or collateral, the demand for repayment, records that may reflect the transaction as a loan, and the borrower's solvency at the time of the loan. See Road Materials, Inc. v. Commissioner, 407 F.2d 1121 (4th Cir. 1969), affg. in part and vacating in part and remanding T.C. Memo. 1967- 187; Zimmerman v. United States, 318 F.2d 611, 613 (9th Cir. 1963). Petitioner and Maxted did not document their relationship through the issuance of a promissory note. In addition, petitioner did not ask for collateral or security in exchange for the $10,000. However, the absence of formal indicia of debt is not dispositive here. Rather, the facts in the present case indicate petitioner's intent to create a debt. Specifically, petitioner believed Maxted's word that he would repay the advance because of a previous business relationship with him and their Montana roots. Further, petitioner visited Maxted's car-shade operation, observed the construction and packaging of the carPage: Previous 1 2 3 4 5 6 7 8 9 Next
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