Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 170

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          fide, we must look to the substance of the transaction, not the             
          formalities attending it.  Muserlian v. Commissioner, 932 F.2d              
          109, 113 (2d Cir. 1991), affg. T.C. Memo. 1989-493.                         
               In determining whether a debt is bona fide, all the facts              
          and circumstances are considered, including:  (1) Whether a note            
          or other evidence of indebtedness exists; (2) whether interest is           
          charged; (3) whether there is a fixed schedule for repayments;              
          (4) whether any security or collateral is requested; (5) whether            
          there is any written loan agreement; (6) whether a demand for               
          repayment has been made; (7) whether the parties’ records, if               
          any, reflect the transaction as a loan; (8) whether any                     
          repayments have been made; and (9) whether the borrower was                 
          solvent at the time of the loan.  See, e.g., Goldstein v.                   
          Commissioner, T.C. Memo. 1980-273 (and cases cited therein).                
               During the course of its relationship with MGM, the Credit             
          Lyonnais group had lent or advanced upwards of $2 billion to the            
          MGM companies.  Before October 10, 1996, there was a realistic              
          possibility that the Credit Lyonnais group might recover a                  
          substantial portion, or perhaps the entire amount, of their loans           
          and advances to the MGM companies.172  This possibility hinged on           

               172 Alan Cole Ford, a member of MGM’s management team,                 
          testified that the Credit Lyonnais group had the hope and                   
          expectation of realizing $2 billion on the sale of the MGM                  
          operating company.  In considering the disposition of MGM, the              
          Credit Lyonnais group had prepared a document entitled “Project             
          Lion, Presentation to Consortium de Realisation”, which recorded            
                                                             (continued...)           





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