- 9 - Petitioners have presented copies of the five Universal Notes in question, as well as a copy of the Credit Agreement with the Herkeios Group. However, these allegedly objective economic indicia of debt are little more than additional declarations of intent without any accompanying objective economic indicia of debt. Alterman Foods, Inc. v. United States, 505 F.2d 873, 879 (5th Cir. 1974); Dixie Dairies Corp. v. Commissioner, 74 T.C. 476, 495 (1980). Petitioners contend that they have since repaid the alleged loans, but they have failed to offer any documentary evidence of repayment. R. Richard Evans, the current trustee of the Herkeios Group, testified at trial that he had become aware that the advances were repaid. However, Mr. Evans was not the trustee when the advances were made in 1991, and he did not provide any loan repayment documents to substantiate that the funds were, in fact, repaid. In addition, Mr. Maranto's own testimony regarding both the Herkeios Group and the purported loans was unpersuasive. For instance, in response to respondent's question as to whether he was the grantor or settlor of the Herkeios Group trust, Mr. Maranto testified: "I can't say with certainty, but I don't believe so. What I'm certain of is that it [the Herkeios Group] doesn't belong to me. I could be fired at any time." When asked by respondent whether the Herkeios Group had existed before thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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