Estate of Carolyn W. Holland, Deceased, Jack K. Holland, Lewis G. Holland, Sr., and Betty H. Kann, Executors - Page 52

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          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,              





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