Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 60

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          interest payments for the use of the funds may not be a bona fide           
          lender.  See Stinnett’s Pontiac Serv., Inc. v. Commissioner,                
          supra at 640.  We also note that decedent during her lifetime               
          never paid any interest (or principal) to the LRFLP for the use             
          of its funds.                                                               
               This factor weighs toward a finding that decedent’s use of             
          the funds of the LRFLP did not create bona fide debt.                       
                    iv.  Source of Repayment                                          
               Repayment that depends solely upon the success of the                  
          transferee’s business weighs against a finding of bona fide debt.           
          Repayment that does not depend on earnings weighs toward a                  
          finding of debt.  See Roth Steel Tube Co. v. Commissioner, supra            
          at 632; Lane v. United States, 742 F.2d 1311, 1314 (11th Cir.               
          1984).  “An expectation of repayment solely from * * * earnings             
          is not indicative of bona fide debt regardless of its                       
          reasonableness.”  Roth Steel Tube Co. v. Commissioner, supra at             
          631; see also Stinnett’s Pontiac Serv., Inc. v. Commissioner,               
          supra at 638-639; Segel v. Commissioner, 89 T.C. 816, 830 (1987);           
          Deja Vu, Inc. v. Commissioner, T.C. Memo. 1996-234.                         
               The funds of the LRFLP were used to benefit decedent with no           
          expectation of repayment from her during her lifetime.  In                  
          addition, as to the possibility of repayment, the funds were                
          placed at the risk of the business of the LRFLP in that                     
          decedent’s ability to repay them depended primarily (if not                 






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