- 10 - indebtedness to Paz. When the Note was executed in June of 1992, the Ranch had already been sold. Yet the Note continued to recite the Ranch as security. Thus Paz remained effectively unsecured. Petitioner argues that the failure to execute a note was due to the oversight of his accountants, but we note that petitioner observed other formalities with respect to title to the Ranch, such as obtaining his wife's community interest in the Ranch prior to their divorce. We believe that the failure to draft or execute a note evidencing petitioner's indebtedness to Paz for nearly 2 years, and the failure to provide security when purporting to do so, reveal that both borrower and lender treated the obligation casually at best. We believe that greater care would have been exercised in these matters if the purported debt had been intended as a genuine obligation. Second, and of most significance, petitioner failed to make any payments with respect to the indebtedness, even though they were past due under the terms of the subsequently drafted Note, until a revenue agent auditing Paz made specific inquiries regarding the transaction. The Note required annual payments, commencing 2 years after the July 2, 1990, transfer of the Ranch to petitioner, namely July 2, 1992. Nonetheless, despite the fact that the Note had been executed by petitioner in June 1992 after its absence had been discovered, petitioner failed to make the first payment due 1 month later on July 2, 1992. Petitioner also failed to make the second payment, due July 2, 1993.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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