Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 64

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               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.                                                                       







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