- 33 - Paulan direct payments be clearly manifested by the actions of the parties to those transactions; viz, petitioners, Paulan, and Sidal. With that thought in mind, we examine the parties’ actions as evidenced by the promissory notes, the minutes, and the accounting entries. (b) The Promissory Notes Petitioners point to the promissory notes as documentary evidence of the back-to-back loan structure and, in particular, of “real, enforceable loan obligations between * * * [them] and Sidal.” Respondent argues that because the promissory notes reflected loans that were unsecured, yet provided for the same interest rates as the secured bank loans to Paulan (i.e., because the terms of those loans were not arm’s-length), and because the execution dates of the notes are uncertain, they cannot be considered “genuine”. We do not find the alleged failure of the promissory notes to satisfy an arm’s-length standard to be of much help in deciding the issue of whether those notes do, in fact, reflect bona fide indebtedness from Sidal to petitioners and from petitioners to Paulan, which is the issue in this case. If, as respondent argues, the interest rates on the unsecured indebtedness from Sidal to petitioners and from petitioners to Paulan, as set forth in the promissory notes, are too low, those rates may be subject to increase pursuant to section 482. SeePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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