-245- 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...)Page: Previous 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 Next
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