-60- 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 notPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
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