Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 46

                                        -46-                                          
               It is incontrovertible that decedent received the $100,000             
          from the JKH Trust.  Thus, the issue before this Court is                   
          whether, under State law, the trust's claim is an enforceable,              
          personal obligation of decedent that was contracted bona fide.              
               Under the law of the State of Georgia, whenever one person,            
          by contract or law, is liable and bound to pay another an amount            
          of money, certain or uncertain, the relation of debtor and                  
          creditor exists between them.  Ga. Ann. Code sec. 18-2-1 (1988).            
          To constitute a valid contract, there must be parties able to               
          contract, a consideration moving to the contract, the assent of             
          the parties to the terms of the contract, and a subject matter              
          upon which the contract can operate.  Ga. Ann. Code sec. 13-3-1             
          (1982); Associated Muts. v. Pope Lumber Co., 37 S.E.2d 393, 396             
          (Ga. 1946).  Until each party has assented to all the terms,                
          there is no binding contract. Ga. Ann. Code sec. 13-3-2 (1982).             
          The essence of mutual assent is the meeting of the minds of the             
          parties.  Taylor Lumber Co. v. Clark Lumber Co., 127 S.E. 905,              
          906 (Ga. Ct. App. 1925).  Both parties must concur in all terms             
          of the proposed contract, agreeing to the same thing in the same            
          sense.  Associated Muts. v. Pope Lumber Co., supra at 398.                  
               A transfer of money is a loan for Federal income tax                   
          purposes if, at the time the funds were transferred, the                    
          transferee unconditionally intended to repay the money, and the             
          transferor unconditionally intended to secure repayment.  Haag v.           
          Commissioner, 88 T.C. 604, 616 (1987), affd. without published              




Page:  Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  Next

Last modified: May 25, 2011