Mann Construction Co., Inc. - Page 17




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          pursuant to agreement of the parties 406 F.2d 290 (6th Cir.                 
          1969).                                                                      
               Intrafamily transactions are subject to rigid scrutiny and             
          may be presumed to be gifts rather than loans.  However, any such           
          presumption may be rebutted by an affirmative showing that there            
          was at the time of the transaction a real expectation of                    
          repayment and a real intent to enforce the collection of the                
          asserted debt.  See Estate of Van Anda v. Commissioner, 12 T.C.             
          1158 (1949), affd. per curiam 192 F.2d 391 (2d Cir. 1951).                  
               To determine whether a debtor-creditor relationship with a             
          reasonable expectation of repayment exists, we consider, among              
          other factors, whether:                                                     
               1.  A note or other evidence of indebtedness exists;                   
               2.  interest is charged;                                               
               3.  there is a fixed schedule for repayment;                           
               4.  any security or collateral is requested;                           
               5.  there is any written loan agreement;                               
               6.  a demand for repayment has been made;                              
               7.  the parties' records reflect the transaction as a loan;            
               8.  any repayments have been made; and                                 
               9.  the borrower was solvent at the time of the loan.                  
          See Hunt v. Commissioner, T.C. Memo. 1989-335.                              
               At trial, both Mark Mann and Richard Mann testified about              
          petitioner's and Mark Mann's relationship concerning the                    





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