- 16 - obligated--to repay the full amount of the advances. As a result, we also conclude that Mark Mann's obligation to repay petitioner's advances was not "contingent" in the sense asserted by respondent; it was a valid and enforceable obligation for purposes of the bad debt deduction. B. Did Petitioner and Mark Mann Create a Debtor-Creditor Relationship with Respect to The Advances? Although the advances were not "contingent" in the sense asserted by respondent, this does not necessarily mean they were bona fide debt. Petitioner must also prove that Mark Mann and petitioner created a debtor-creditor relationship with respect to the advances. See supra p. 9. Whether a bona fide debtor-creditor relationship exists depends on all the facts and circumstances, and generally no one fact is determinative. An essential question is whether there is a good-faith intent on the part of the recipient of the funds to make repayment, and a good-faith intent on the part of the person advancing the funds to enforce repayment. In determining whether such intent exists, we consider all the evidence, and we evaluate whether there was a reasonable expectation of repayment in light of the economic realities of the situation. See Fisher v. Commissioner, 54 T.C. 905, 909-910 (1970); G.M. Gooch Lumber Sales Co. v. Commissioner, 49 T.C. 649, 656 (1968), remandedPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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