Ray W. and Marilyn S. Sowards - Page 23

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          intention to create a debt, with a reasonable expectation of                
          repayment, and did that intention comport with the economic                 
          reality of creating a debtor-creditor relationship”.  Litton Bus.           
          Sys., Inc. v. Commissioner, 61 T.C. 367, 377 (1973).                        
               In support of his “loan” argument, Mr. Sowards relies only             
          upon the one-page document and his testimony.  Of course, “It is            
          well settled that we are not required to accept petitioner’s                
          self-serving testimony in the absence of corroborating                      
          evidence.”26  Jacoby v. Commissioner, T.C. Memo. 1994-612; see              
          Geiger v. Commissioner, 440 F.2d 688, 689 (9th Cir. 1971), affg.            
          per curiam T.C. Memo. 1969-159; Niedringhaus v. Commissioner, 99            
          T.C. 202, 212 (1992).  The mere declaration of intent does not              
          establish, without additional substantiating evidence, the                  
          existence of a bona fide debt.  Turner v. Commissioner, 812 F.2d            
          650, 654 (11th Cir. 1987), affg. T.C. Memo. 1985-159; Cordes v.             
          Commissioner, T.C. Memo. 1994-377.                                          
               The document, which is at best ambiguous, states that                  
          certain of its terms and conditions are to remain secret.  In the           
          event of Mr. Strong’s death, Mr. Sowards is to create a trust to            
          which will be transferred the “Account balance” of the principal            
          and accrued interest under “the terms and conditions of which are           
          private between Robert Strong and Ray Sowards, and not to be                


               26Mr. Sowards testified that he did not know the exact                 
          amount that he allegedly borrowed from STL/Mr. Strong.                      




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