- 18 - conclude that the parties did not have a fixed repayment schedule. This factor favors respondent. h. Security or Collateral Petitioner contends that decedent provided collateral to Beth W. Corp. for the purported loans in the form of a $500,000 mortgage on her home, but introduced no convincing evidence to establish that this had happened. Even if true, this does not establish that decedent gave Beth W. Corp. adequate collateral for the transfers. This factor favors respondent. i. Existence of a Written Loan Agreement There was no written loan agreement. This factor favors respondent. j. Treatment as Loans in Records Decedent and Beth W. Corp. recorded and treated the transfers as loans. Beth W. Corp. reported interest income and decedent recognized dividends owing to her that she used to repay the loans. Beth W. Corp. reported the transfers as loans receivable on its Florida intangible property returns. This factor favors petitioner. k. Repayments Decedent had received but not repaid transfers of $1,724,198 when she died. Beth W. Corp. deemed $103,000 of the notes satisfied. This was apparently done by forgoing payments of redemptions and dividends by Beth W. Corp. This factor favors respondent.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011