- 10 - 1993); Estate of Kelley v. Commissioner, 63 T.C. 321, 323-324 (1974); Rude v. Commissioner, 48 T.C. 165, 173 (1967); Clark v. Commissioner, 18 T.C. 780, 783 (1952), affd. per curiam 205 F.2d 353 (2d Cir. 1953); Bragg v. Commissioner, supra. The factors are not exclusive, and no one factor controls. Rather, our evaluation of the various factors provides us with an evidential basis upon which we make our ultimate factual determination of whether a bona fide indebtedness existed. See Litton Bus. Sys., Inc. v. Commissioner, 61 T.C. 367, 377 (1973). With those factors in mind, we turn to the facts and circumstances surrounding the transfers of Price Co. stock at issue to determine whether at the time of the alleged loans petitioners entered into a bona fide debtor-creditor relationship with Drachman. 1. Promissory Note or Other Evidence of Indebtedness Petitioners introduced what appear to be, in form, two valid loan documents signed by petitioner and Drachman. We must, however, look to the substance of the transaction rather than merely its form. Estate of Maxwell v. Commissioner, supra at 601. Petitioner testified that these notes had no amortization schedule, no minimum payment, and were due "only when I call it" (emphasis added). Accordingly, petitioners had no set schedule of regular payments and no minimum payments. These are not standard conditions for loan documents.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011