- 13 - supports respondent's contention in this regard. Except for the insurance companies, all parties to the transactions profited; the Schwabs received commissions in excess of the amounts dispersed through their controlled entities; petitioners received life insurance coverage at no cost for a limited period. No one seemed particularly concerned about whether the debts would be satisfied. Under the circumstances, the legitimacy of the debt evidenced by each note has not been established. Our conclusion in this regard is bolstered by the following: (1) At the option of the makers, the notes were payable only from the death benefit proceeds of the life insurance policies, a contingency that made collectibility uncertain, at best; (2) there was never an intent by the makers to continue full coverage under the life insurance policies beyond the initial periods, rendering the notes uncollectible after those periods; and (3) the holders never took the necessary steps to validate the assignments in order to protect the collateral, actions that we expect would routinely be taken by legitimate creditors. Consequently, we find that the insurance coverage that Charles Sutter received under the Royal policy in 1991 and the insurance coverage that Cheryl Sutter received under the Columbus policy in 1992 were obtained in return for notes that did not represent bona fide indebtedness. It follows that petitioners realized and must recognize income during those years to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011