Carl E. Jones and Elaine Y. Jones - Page 25

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            Development was going out of business, and petitioner was "the                            
            common factor" among the corporations.                                                    
                  The question before us is whether petitioner actually                               
            assumed Development's indebtedness to INI.  If petitioner                                 
            actually assumed Development's indebtedness to INI, a debtor-                             
            creditor relationship would have been created between petitioner                          
            and INI.  Therefore, we think that the factors for determining                            
            whether a transfer of money between related parties creates a                             
            debtor-creditor relationship are the same factors to use in                               
            deciding whether petitioner actually assumed Development's                                
            indebtedness to INI.                                                                      
                 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.  See                             
            supra p. 16.                                                                              
                  Thus, for this Court to find that petitioner and INI entered                        
            into a valid debtor-creditor relationship, petitioner must prove                          
            that at the time of the alleged assumption, he unconditionally                            
            intended to repay $417,978 to INI, and that INI intended to                               
            unconditionally secure repayment of that amount.  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)                         




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