Melvin R. Sweatman - Page 12

                                       - 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

Last modified: May 25, 2011