- 9 - Commissioner, 56 T.C. 1324, 1338-1339 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974). A determination of whether there was an intent to create bona fide indebtedness depends on all the facts and circumstances; not every factor gets equal weight, and no one factor is controlling. Alterman Foods, Inc. v. United States, supra at 876 n.6. Arrangements between a corporation and a controlling shareholder are subject to close scrutiny. Electric & Neon, Inc. v. Commissioner, supra at 1339. Based on the evidence in this case, we conclude that there was no intention to create bona fide indebtedness or to repay the advanced amounts when petitioner received the Ranch from Paz, and consequently the transfer constituted a dividend. We base this conclusion on the numerous instances in which petitioner disregarded the purported debt and his obligations thereunder. First, no promissory note evidencing petitioner's indebtedness to Paz was drafted or executed at the time of the transfer of the Ranch to petitioner. This "error" was not corrected until approximately 2 years later when an accountant at Davidson, Eagleson who was attempting to compute petitioner's gain or loss on the later sale of the Ranch discovered that there was no note. As a result, Paz was unsecured during this period. The absence of a written promissory note was not corrected when petitioner sold the Ranch to third parties, even though petitioner contends that the Ranch was security for thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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