- 29 - Mr. Cordes later collected payments of principal and interest on those notes and transferred those payments to CFC in exchange for additional notes. Petitioners have failed to offer any evidence that those subsequent transfers to CFC were other than funds used to purchase notes. Petitioners contend instead that CFC owned the notes because the borrowers were never told to make payments to Mr. Cordes, the ledger cards were merely moved across the room, payments were still made payable to CFC, and those payments were ultimately deposited in CFC’s account. We reject petitioners’ contentions for several reasons. The borrowers’ beliefs regarding the identity of the lender, and the retention of the ledger cards in the same room, are of comparatively little relevance in these circumstances. What is more relevant is that CFC treated the notes as satisfied and completely removed the records from its computer and files, going so far as to claim deductions for bad debts, and Mr. Cordes added the records to his files and treated them as outstanding debts owed to him. Moreover, any payments delivered to CFC were promptly forwarded to Mr. Cordes. Although CFC’s employees occasionally collected the payments from the borrowers, recorded them in Mr. Cordes’s records, and issued receipts for those payments, they did so on behalf of Mr. Cordes. We also reject petitioners’ allegation that Mr. Cordes merely held the payments “in escrow”, ultimately delivering them to CFC. We presume petitioners’ argument is that because Mr. Cordes never deposited the payments in his own account, he didPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011