Wayne L. Patrick - Page 16

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          administrator was required by the Plan to authorize any loan, we            
          find no such authorization during the subject years.                        
          Furthermore, Wayne testified that he never reviewed the Plan or             
          supporting documents, even though he was the Plan's trustee.  We            
          are left to conclude that petitioners rubberstamped these                   
          transfers.  This indicium supports a finding that the transfers             
          did not create bona fide debt.                                              
               f.  Whether Repayments Have Been Made                                  
               Respondent argues that any repayment made by petitioners is            
          insignificant.  Brian testified that in 1995 he repaid                      
          approximately $3,000.  Wayne testified that he had repaid only "a           
          few thousand dollars".  He stated that he did not remember making           
          any payments or when the alleged payments had been made.  We are            
          unpersuaded by this testimony, and neither petitioner presented             
          any objective evidence that any payment had been made on the                
          notes.  This indicium supports a finding that the transfers did             
          not create bona fide debt.                                                  
               g.  Demand for Repayment                                               
               Respondent points to the fact that no demand for repayment             
          has been made as evidence that these transactions were not loans.           
          The record supports a finding that no steps were taken to enforce           
          the loans.  Wayne was not aware of his duties as Plan trustee,              
          and he took no steps to collect on either his or Brian's notes.             
          Moreover, Wayne testified that he was not even aware of whether             





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