- 58 - 2. Whether Collateral Was Given To Secure Payment The January 25, 1999, loan agreement stated that “security for the loaned funds shall be in the form of, firstly, a lien on Ronald’s salary as paid by NCPL, and secondly, at an appropriate time, a mortgage or lien on the property.”23 Although petitioner asserts his salary served as collateral to secure payment of the funds advanced to SSI for the development of the Rivercliff property, the salary was not enough to secure a loan of $4,856,172. Additionally, NCPL did not garnish petitioner’s wages when he failed to make the payments required by the loan agreement and the promissory note. Petitioner asserted that the Rivercliff property also served as collateral to secure payment. However, the trust deed securing NCPL’s advances to SSI of $4,856,172 was not executed until August 21, 2001, after the funds secured by the property were advanced. For a bona fide loan to arise the parties must have so intended at the time the funds were advanced. Estate of Chism v. Commissioner, 322 F.2d at 960; Fisher v. Commissioner, 54 T.C. at 909-910. Petitioner testified that because Kumiko Talmage refused to sign any document encumbering the Rivercliff property, he was unable to grant a security interest until after she transferred 23 The June 16, 2000, loan confirmation agreement also requested petitioner record a mortgage in favor of NCPL.Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 NextLast modified: March 27, 2008