- 34 - sec. 1.482-2(a)(1), Income Tax Regs. Nonetheless, we agree with respondent that the promissory notes are entitled to little or no weight in our consideration of whether the back-to-back loans claimed by petitioners actually existed. Neither petitioner could recall the actual dates upon which the promissory notes were executed. They could only agree that the notes were executed sometime between 1997 and 2000. We infer from that testimony that the notes were not executed contemporaneously with the wire transfer and the Paulan direct payments but were, instead, backdated to appear contemporaneous with those payments. Moreover, none of the eight sets of promissory notes bears an effective date that corresponds to the Paulan direct payment to which it relates. Five sets of notes bear effective dates that are between 3 days and more than 9 months subsequent to the corresponding Paulan direct payments. Even if we were to accept as accurate the stated effective dates of those notes, the notes are more reflective of attempts to recharacterize prior debts from Sidal to Paulan as back-to-back loans through petitioners than they are of back-to-back loans as of the dates of the actual Paulan direct payments. Therefore, at best, those notes suggest the creation of a back-to-back loan structure after the Paulan direct payments to which they relate. Such a finding would not justify treatment of those notes as anything more than guaranties of Sidal’sPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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