- 107 - Petitioners contend that, because the Summit Trust loan was a bona fide loan, the transfers from PK Ventures to the Zephyr purchasers were also bona fide loans. Petitioners are essentially relying on the circumstances surrounding the Summit Trust loan to establish that the transfers from PK Ventures to the Zephyr purchasers were bona fide loans. Petitioners do not cite any authority to support this contention. After considering the relevant factors and weighing the evidence, we reject petitioners’ contention that the transfers from PK Ventures to the Zephyr purchasers were bona fide loans for the reasons discussed below. First, PK Ventures did not receive promissory notes from the Zephyr purchasers in exchange for its transfer of $1 million to them. Second, no evidence indicates that the Zephyr purchasers made any agreement with PK Ventures as to the time of repayment or the interest to be paid. Third, while PK Ventures provided security for its repayment of the Summit Trust loan to Summit Trust, no evidence indicates that the Zephyr purchasers provided any collateral or security for repayment of the transfers that they received from PK Ventures. Fourth, the Zephyr purchasers did not make any payments of principal or interest to PK Ventures, and no accrued interestPage: Previous 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Next
Last modified: May 25, 2011