- 23 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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