Sid Paul Ruckriegel - Page 34

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          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’s                  






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