Ronald B. and Annette C. Talmage - Page 59




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         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.                                           
                                                                                     







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