Rodney Noble and Jo Marie Payton - Page 6

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          with examinations commencing after July 22, 1998, the burden of             
          proof shifts to respondent if, among other requirements,                    
          petitioner introduces “credible evidence with respect to any                
          factual issue relevant to ascertaining” her liability for the tax           
          deficiency at issue.  Even if we were to find that petitioner has           
          met the requirements of section 7491(a)(1), respondent has                  
          presented sufficient evidence to meet his burden of proof.                  
               We shall first consider the character of the transfers made            
          by petitioners to PPP.  For Federal income tax purposes, a                  
          transaction will be characterized as a loan if there was "an                
          unconditional obligation on the part of the transferee to repay             
          the money, and an unconditional intention on the part of the                
          transferor to secure repayment".  Haag v. Commissioner, 88 T.C.             
          604, 616 (1987), affd. without published opinion 855 F.2d 855               
          (8th Cir. 1988).  What is important is the bona fide intent that            
          the debt shall be repaid, rather than the name of the transaction           
          or the form the transaction takes.  Berthold v. Commissioner, 404           
          F.2d 119, 122 (6th Cir. 1968), affg. T.C. Memo. 1967-102; Patrick           
          v. Commissioner, T.C. Memo. 1998-30, affd. without published                
          opinion 181 F.3d 103 (6th Cir. 1999).                                       
               Petitioner testified that PPP and petitioners intended the             
          payments made by PPP to be loan repayments.  The mere declaration           
          of intent, however, is not determinative without further evidence           
          substantiating the existence of bona fide debt.  See Turner v.              






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