-64- We do not know whether decedent had any creditors. Given that the “loans” from the LRFLP were unsecured, however, the right of the LRFLP to repayment would have been subordinate to the interests of any secured creditors. This factor is either inapplicable or does not support a finding that decedent’s use of the funds of the LRFLP created bona fide debt. x. Use of Funds A transfer of funds to meet the transferee’s daily needs weighs toward a finding of debt. See Roth Steel Tube Co. v. Commissioner, supra at 632; Stinnett’s Pontiac Serv., Inc. v. Commissioner, supra at 640. Decedent’s daughter (as decedent’s attorney-in-fact) used the funds of the LRFLP to meet decedent’s daily needs. But for those funds, those needs most likely would have gone unsatisfied. 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. xi. Presence or Absence of a Sinking Fund The failure to establish a sinking fund for repayment weighs against a finding of bona fide debt. See Roth Steel Tube Co. v. Commissioner, supra at 632; Lane v. United States, 742 F.2d at 1317.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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