B. Suri - Page 9

                                        - 9 -                                         
          for repayments, id.; (4) whether any security or collateral is              
          requested, Zimmerman v. United States, 318 F.2d 611, 613 (9th               
          Cir. 1963); (5) whether a demand for repayment has been made,               
          Montgomery v. United States, 87 Ct. Cl. 218, 23 F. Supp. 130                
          (1938); (6) whether any repayments have been made, Estate of Ames           
          v. Commissioner, a Memorandum Opinion of this Court dated Feb. 7,           
          1946; and (7) whether the borrower was solvent at the time of the           
          loan, Jewell Ridge Coal Corp. v. Commissioner, 318 F.2d 695, 699            
          (4th Cir. 1963), affg. T.C. Memo. 1962-194.  For reasons set                
          forth above, the belatedly tendered notes were not reliable and             
          were not received in evidence.  There was no evidence offered               
          with respect to the other factors.                                          
               Respondent argues, and we agree, that it appears from                  
          petitioner’s testimony that the funds advanced as claimed by                
          petitioner were investments, not bona fide loans.  There was no             
          apparent investigation or evidence of the financial solvency of             
          the alleged borrowers or evidence that they intended to repay               
          petitioner for the advances.  In addition, petitioner presented             
          no objective evidence that the advances became worthless by the             
          end of 1999.  It is improbable that he would have continued to              
          lend money through December 1999 and that the advances                      
          simultaneously became worthless.                                            
               Petitioner did not disclose to respondent or present any               
          information concerning the purported loans until the day of                 






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011