Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 62

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          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.                                                                  







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