-52- saw or was otherwise aware that the checks had the word "Loan" written on them. Finally, it was only after respondent determined the gross estate should not be reduced for the $50,000 actually paid to the JKH Trust that the executors realized there were two transfers of $50,000 to decedent. This is persuasive evidence that neither the trustees of the JKH Trust nor decedent's agent ever recorded the transfers as loans. 9. Reporting the Transactions for Federal Tax Consistent with a Loan. Petitioner reduced the value of the gross estate for the $50,000 actually paid by the executors to the JKH Trust, and for the $50,000 claimed as a debt owed by decedent. However, it was only after respondent determined that the gross estate was improperly reduced for the $50,000 actually paid to the JKH Trust that petitioner amended its petition to include the second transfer of $50,000 as a debt of decedent. Based on our examination of the entire record, we find that petitioner has not established that decedent entered into a bona fide creditor-debtor relationship with the JKH Trust at the time of the transfers at issue. We find that petitioner has failed to satisfy its burden of proving that the transfers at issue constituted loans or that decedent knew or had any notice that the amounts she received from the JKH Trust were subject to repayment. See Estate of Caplan v. Commissioner, 42 T.C. 446,Page: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Next
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