Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 58

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          Commissioner, 800 F.2d at 631; see also Estate of Strangi v.                
          Commissioner, T.C. Memo. 2003-145 (“accounting entries alone are            
          of small moment in belying the existence of an agreement for                
          retained possession and enjoyment”).                                        
               This factor weighs toward a finding that decedent’s use of             
          the funds of the LRFLP did not create bona fide debt.                       
                    ii.  Fixed Maturity Date and Schedule of Repayments               
               The absence of a fixed maturity date and a fixed obligation            
          to repay weighs against a finding of bona fide debt.  See Roth              
          Steel Tube Co. v. Commissioner, supra at 631; Stinnett’s Pontiac            
          Serv., Inc. v. Commissioner, 730 F.2d at 638.                               
               The promissory notes had no fixed maturity date or schedule            
          for repayment.  While petitioners assert that each note was a               
          demand note for which payment could have been requested at any              
          time, LRFLP never made any such demand and, more importantly,               
          decedent never had the ready ability to honor such a demand if              
          and when one had been made.  Moreover, despite the lack of any              
          repayment, the LRFLP continued to allow decedent to use its funds           
          without any schedule for repayment.  As noted by the Court of               
          Appeals for the Eleventh Circuit, “an unsecured note due on                 
          demand with no specific maturity date, and no payments is                   
          insufficient to evidence a genuine debt.”  Stinnett’s Pontiac               
          Serv., Inc. v. Commissioner, supra at 638.  Such is especially so           
          where, as here, the choice of whether or when to make demand for            






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