Melvin R. Sweatman - Page 10

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          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.                   




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