- 13 - needed money from a concerned grandfather who wanted to help out. 7. Ability to Repay The record establishes that petitioners' annual income was not sufficient to allow them to maintain their lifestyle and repay their obligations to Drachman. Therefore, petitioners have not shown that there was a reasonable expectation that they could have repaid the loans from their annual income. 8. Records of the Loans The only records relating to the purported loans are the notes signed by petitioner and Drachman, and the Christmas letters forgiving the shares. 9. Reporting the Loans for Federal Tax Purposes Petitioner testified that he thought he recognized income from discharge of indebtedness in the years when shares of the loans were forgiven, but did not introduce income tax returns from those years indicating that he had reported the forgiven amounts. Although not dispositive, we examine the purpose of the transfers of stock. Petitioners and respondent dispute the underlying cause of the transactions. Petitioners assert that shares of Price Co. stock were lent to them in October and December 1987 as collateral for threatened margin calls on their account. These margin calls, petitioners claim, were the result of the stock market crash of October 1987 and a correspondingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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