- 16 - The Lucky Kirt Trust loans to Mr. Lundgren and petitioners’ daughter will not be respected as bona fide loans. A bona fide loan requires a debt-creditor relationship and the expectation of repayment. Fisher v. Commissioner, 54 T.C. 905, 909-910 (1970). The Court considers the following factors as relevant here in determining whether a valid debtor-creditor relationship existed: (1) Whether the purported loan was evidenced by a written promissory note; (2) whether a reasonable market rate of interest was charged; (3) whether a schedule for repayment or a stated maturity date was established; (4) whether security or collateral for the loan existed; and (5) whether the loan was actually repaid by the stated maturity date. Clark v. Commissioner, 18 T.C. 780, 783 (1952), affd. 205 F.2d 353 (2d Cir. 1953); Meier v. Commissioner, T.C. Memo. 2003-94. The loans from Lucky Kirt Trust to Mr. Lundgren and petitioners’ daughter did not contain any of the elements that would support the creation of a bona fide loan. Because of the relationship between petitioners and the trust, these transfers will be highly scrutinized. See Clark v. Commissioner, supra at 783 (holding that “intrafamily transactions are subject to rigid scrutiny”). The loans are conclusive evidence that in practice the trust was petitioners’ alter ego, and petitioners were not bound by the restrictions of the trust, if there really was one, or the law of trusts.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011