- 12 - principal accountant, Eagleson. Petitioner concedes in testimony that the Note was not executed until June of 1992. However, the Note on its face is misleading as to the execution date in two key respects. First, although there is no date next to petitioner's signature, the date July 2, 1990 (the date of the transfer of the Ranch to petitioner), appears at the top of the Note. Second, the text of the Note states that payment is secured by the tract of land "more fully described in the Deed executed on this date, July 2, 1990" (emphasis added); this implies that the Note was executed on the same date as the deed. The only other date that appears on the Note is the due date of the first payment under the Note, July 2, 1992. It is true that Eagleson disclosed the actual date the Note was executed after probing by Agent Sohrt, but the fact remains that the Note was misleading on its face. In addition, at the time the Note was executed, petitioner no longer owned the property recited as security in the Note, which creates another misleading element. The discrepancies surrounding the date of execution and the Note's security cast doubt upon the bona fides of the indebtedness that the Note purported to memorialize. Based on the foregoing factors, we conclude that there was no bona fide indebtedness between petitioner and Paz. Accordingly, we uphold respondent's determination that the transfer of the Ranch to petitioner was a dividend to him.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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