Harold F. and Barbara J. Swiatek - Page 8




                                        - 8 -                                         

          Helvering, 290 U.S. 111 (1933).  To rule in petitioners' favor, we          
          must be convinced that both petitioner and Mr. Garcia intended the          
          payments to be loans.  To perform our task, we must distill truth           
          from falsehood.  See Diaz v. Commissioner, 58 T.C. 560, 564 (1972);         
          Arcia v. Commissioner, T.C. Memo. 1998-178.                                 
               We carefully observed petitioners at trial and found them to           
          be credible and truthful witnesses. We are satisfied that                   
          petitioners sincerely believed a debtor-creditor relationship               
          existed at the time Mr. Garcia provided petitioner with the                 
          payments as a short-term bridge loan, on the basis of petitioners'          
          real estate holdings.  Relying on these payments, petitioners               
          uprooted and moved south, using the money to purchase a home in             
          Florida as well as to pay for remodeling and furniture.                     
          Petitioners regarded this favorable financing from Mr. Garcia as            
          unavailable in the normal course of business.  However, they                
          understood that once petitioner began to receive a salary from the          
          bank, he would repay the $271,836 to Mr. Garcia and/or his two              
          businesses.                                                                 
               Petitioner introduced into evidence a copy of a letter, dated          
          April 21, 1991, he wrote to Mr. Garcia which outlined their loan            
          agreement.  This letter embodies petitioner's understanding of the          
          loan.  (Respondent notes that the letter was not found when police          
          searched Mr. Garcia's residence and businesses.  We believe that            
          either it was lost or Mr. Garcia took it when he decided to flee            





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011