- 59 - him her interest. Kumiko Talmage credibly testified that, before the divorce proceedings, she had never heard of NCPL, was not aware petitioner had borrowed any money to develop the Rivercliff property, and was not asked to sign an agreement granting a security interest in the Rivercliff property. In addition, petitioner produced no evidence indicating collateral was given to secure payment of the $249,193 TPPL transferred to SSI in 1998 for the development of the Rivercliff property or the total of $92,250 NCPL transferred to petitioner for the Rivercliff property’s farm operating expenses in 1998, 2001, and 2002. This factor indicates the parties did not intend to establish a debtor-creditor relationship at the time the funds were advanced. 3. Whether a Fixed Schedule for Repayments Was Established A fixed schedule for repayment is indicative of a bona fide loan. Welch v. Commissioner, 204 F.3d at 1231; Teymourian v. Commissioner, T.C. Memo. 2005-232. Evidence that a creditor did not intend to enforce payment or was indifferent as to the exact time an advance was repaid indicates a bona fide loan did not exist. Gooding Amusement Co. v. Commissioner, 23 T.C. 408, 418- 419 (1954), affd. 236 F.2d 159 (6th Cir. 1956); Provost v. Commissioner, T.C. Memo. 2000-177.Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 NextLast modified: March 27, 2008