-47-                                          
          opinion 855 F.2d 855 (8th Cir. 1988); Litton. Bus. Sys., Inc. v.            
          Commissioner, 61 T.C. 367, 377 (1973); see also Haber v.                    
          Commissioner, 52 T.C. 255, 266 (1969), affd. 422 F.2d 198 (5th              
          Cir. 1970); Saigh v. Commissioner, 36 T.C. 395, 419 (1961).                 
               Thus, before the value of decedent's estate may be reduced             
          for the alleged debt, petitioner must prove that at the time of             
          each transfer, decedent and the JKH Trust agreed that decedent              
          would borrow $50,000, that decedent unconditionally intended to             
          repay that amount to the JKH Trust, and that the JKH Trust                  
          intended to unconditionally secure repayment.  Rule 142(a); Welch           
          v. Helvering, 290 U.S. at 115.                                              
               The determination of whether a transfer was made with a real           
          expectation of repayment and an intention to enforce the debt               
          depends on all the facts and circumstances including whether: (1)           
          There was a promissory note or other evidence of indebtedness,              
          (2) interest was charged, (3) there was security or collateral,             
          (4) there was a fixed maturity date, (5) a demand for repayment             
          was made, (6) any actual repayment was made, (7) the transferee             
          had the ability to repay, (8) any records maintained by the                 
          transferor and/or the transferee reflected the transaction as a             
          loan, and (9) the manner in which the transaction was reported              
          for Federal tax is consistent with a loan.  See Zimmerman v.                
          United States, 318 F.2d 611, 613 (9th Cir. 1963); Estate of                 
          Maxwell v. Commissioner, 98 T.C. 594, 604 (1992), affd. 3 F.3d              
          591 (2d Cir. 1993); Estate of Kelley v. Commissioner, 63 T.C.               
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