- 11 - to make the payment to petitioner. They would have been qualified to testify as to the corporation’s intent in making the payment. Petitioner, however, did not call them as witnesses. The preponderance of the evidence in the record supports respondent’s position that the corporation lent petitioner $50,000 during 1989. The memo line on the corporation’s check to petitioner indicates that $40,000 of the $50,000 paid constituted a loan. Although the memo line further denotes that $10,000 represented a gift, other evidence contradicts that notation and nothing in the record explains the contradiction.8 On the same day the corporation gave her the $50,000, petitioner executed a note promising to pay it $50,000 on demand. In addition, the corporation included the note as an asset valued at $50,000 on its books and on the Schedule L it filed with its tax returns. Furthermore, the notation on the reverse of the note implies that the Pattersons considered petitioner to be indebted to the corporation and that she would be required to adhere to the terms specified on its face unless the Pattersons died before she paid off the note. Other evidence in the record, including the testimony of one of petitioner’s sisters and of Raymond A. Hervert, the corporation’s attorney, is either neutral on this issue or tends to support respondent’s position that the 8Neither party offered any evidence as to when the memo line was completed or identifying the author of the memo entry.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011