- 11 - Indeed, no payments were made on the Note until July 22, 1993, after a revenue agent auditing Paz met with one of petitioner's accountants and requested a signed copy of the Note and evidence of repayment. Petitioner contends that his failure to make payments when due resulted from oversight, specifically, his failure to recall when payments were due and the failure of his accountants to remind him. We do not find this contention credible. Even accepting the view that petitioner was a busy executive who relied on his accountants, we do not believe that he could fail to recall at some point, over a period exceeding 3 years, his obligation to repay $150,000 on which interest was accruing, particularly in light of the fact that, during such period, he liquidated the asset that was the purported security for the obligation. Petitioner received substantial cash upon the sale of the Ranch to third parties in August 1991, and while this was concededly before the agreed due date of his first repayment, payment on the Note was past due when petitioner converted the third-party purchasers' promissory note to cash in October 1992. We believe that if petitioner had intended to create bona fide indebtedness to Paz, he would have made some payment on the Note prior to a request by a revenue agent for evidence of repayment. Finally, the circumstances surrounding the ex post facto execution of the Note cast doubt upon the bona fides of the obligation and upon the credibility of petitioner and hisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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