- 56 - petitioner, Ms. Bowers set up an account payable in the GFLP accounting records reflecting a debt of GFLP owed to decedent, deductions from that amount for GFLP funds Ms. Powell used to pay decedent’s personal living expenses, and interest allegedly paid by GFLP on the debt. Petitioner also relies upon decedent’s and GFLP’s retained Federal income tax returns for the taxable year 1997 to establish the existence of the debt and to show that GFLP paid interest on the debt. Respondent argues that petitioner has not explained which transactions gave rise to the debt GFLP allegedly owed to decedent and that the account payable in the GFLP accounting records represents nothing more than “adjusting journal entries, intended, in part, to account for Decedent’s at-will expenditure of funds attributed to GFLP”. We agree. Neither decedent nor GFLP executed a promissory note or any other documents to evidence GFLP’s alleged debt to decedent. The assignment makes no reference to the sale of any of decedent’s own property to GFLP. Neither the GFLP accounting records nor the tax returns, which were prepared nearly 2 years after GFLP’s debt to decedent allegedly arose, are sufficient to prove that a valid debt existed. Finally, petitioner argues that decedent parted with dominion and control but that TCO delayed transferring to GFLP legal title to Marital Fund assets. Although TCO apparently hasPage: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 NextLast modified: November 10, 2007