Estate of Emanuel Trompeter, Deceased, Robin Carol Trompeter Gonzalez and Janet Ilene Trompeter Polachek - Page 50

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          or other evidence of indebtedness exists; (2) whether interest is           
          charged; (3) whether there is a fixed schedule for repayments;              
          (4) whether any security or collateral is requested; (5) whether            
          there is any written loan agreement; (6) whether a demand for               
          repayment has been made; (7) whether the parties' records, if               
          any, reflect the transaction as a loan; (8) whether any                     
          repayments have been made; and (9) whether the borrower was                 
          solvent at the time of the loan, see Zimmerman v. United States,            
          supra at 613; Estate of Maxwell v. Commissioner, 98 T.C. 594, 604           
          (1992), affd. 3 F.3d 591 (2d Cir. 1993); Clark v. Commissioner,             
          18 T.C. 780 (1952), affd. 205 F.2d 353 (2d Cir. 1953).  These               
          factors focus primarily on ascertaining the intent of the parties           
          to the transfer through their objective and subjective                      
          expectations.  Bauer v. Commissioner, 748 F.2d 1365, 1367-1368              
          (9th Cir. 1984), revg. T.C. Memo. 1983-120; A.R. Lantz Co. v.               
          Commissioner, 424 F.2d 1330, 1333-1334 (9th Cir. 1970).                     
               Applying this two part analysis to the subject transactions,           
          we find that the $30,000 transfer to Ms. Wong fails the first               
          part of this analysis.  Because the underlying note conditions              
          repayment of the "loan" on the sale of her house, she was under             
          no absolute obligation to repay the "loan".  She would never have           
          to repay the "loan", for example, if she never sold her home.               
          This transaction is not bona fide debt for purposes of section              
          166.                                                                        





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