-62- debt. See id. at 630; Estate of Mixon v. United States, 464 F.2d at 409. The only partner of the LRFLP who used its funds was decedent. This factor weighs toward a finding that decedent’s use of the funds of the LRFLP did not create bona fide debt or, at best for petitioners, is irrelevant. vii. Presence or Absence of Security The absence of security for the repayment of transferred funds weighs strongly against a finding of bona fide debt. See Roth Steel Tube Co. v. Commissioner, 800 F.2d at 632; Lane v. United States, supra at 1317. The promissory notes were unsecured. While petitioners claim to the contrary, stressing the fact that the amounts of the “loans” were less than the value of decedent’s limited partnership interest, the mere fact that the balance of the transfers was less than the presumed fair market value of decedent’s interest in the LRFLP does not necessarily make the transfers secured debt. Such is especially so where, as here, decedent’s daughter conceded at trial that she loved her mother and indicated that she would probably have continued to use the funds of the LRFLP to pay her mother’s living expenses as necessary.Page: 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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