August V. and Mary E. Klaue - Page 10




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          1954).  The cases cited by respondent are clearly                           
          distinguishable.  In Zimmerman v. United States, supra, the                 
          taxpayers had advanced funds to a newly formed medical society.             
          The funds were advanced until such time as the organization was             
          financially stable and could repay a portion of the advance to              
          the taxpayer without jeopardizing its existence.  Given that                
          there was no evidence that the contingencies (financial stability           
          and ability to repay without jeopardy to the organization) ever             
          occurred, the Court of Appeals for the Ninth Circuit held that no           
          bona fide debt existed.   In Ewing v. Commissioner, supra, the              
          taxpayer advanced sums to a ballet company.  The company's                  
          obligation to repay was expressly contingent on its having                  
          operating profits.  Citing Clark v. Commissioner, 18 T.C. 780               
          (1952), affd. per curiam 205 F.2d 353 (2d Cir. 1953), this Court            
          noted that a debt does not arise where the obligation to repay is           
          subject to a contingency that has not occurred, and as the                  
          contingency (operating profits) had not occurred, we found that             
          no debt was created.  See Ewing v. Commissioner, supra at 229.              
               In the present case, there were no express or implicit                 
          agreements between the parties that repayment was contingent upon           
          the financial success of the Theratech device.  Both petitioner             
          and Estes testified that Estes was obligated to repay the sums              
          advanced.  Furthermore, petitioner recovered as much of the debt            
          as possible.  Therefore, we conclude that petitioner's intentions           





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