Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 63

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               This factor weighs toward a finding that decedent’s use of             
          the funds of the LRFLP did not create bona fide debt.                       
                    viii.  Inability To Obtain Comparable Financing                   
               The question of whether a transferee could have obtained               
          comparable financing from an independent source is relevant in              
          measuring the economic reality of a transfer.  See Roth Steel               
          Tube Co. v. Commissioner, supra at 631; Estate of Mixon v. United           
          States, supra at 410.  Evidence that a transferee could not at              
          the time of the transfer obtain a comparable loan from an arm’s-            
          length creditor 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 640; Calumet               
          Indus., Inc. v. Commissioner, 95 T.C. 257, 287 (1990).                      
               We do not believe that a creditor dealing at arm’s length              
          would have lent decedent money under the terms that petitioners             
          allege were entered into between decedent and the LRFLP.                    
               This factor weighs toward a finding that decedent’s use of             
          the funds of the LRFLP did not create bona fide debt.                       
                    ix.  Subordination                                                
               The subordination of purported debt to the claims of other             
          creditors weighs against a finding of bona fide debt.  See Roth             
          Steel Tube Co. v. Commissioner, supra at 631-632; Stinnett’s                
          Pontiac Serv., Inc. v. Commissioner,  supra at 639.                         







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