- 60 - The promissory note set forth a fixed schedule for repayment with a default provision requiring immediate payment of both principal and interest. However, the record indicates petitioner did not make any payments to NCPL and NCPL never attempted to collect the amount owing after each default. Petitioner testified that NCPL did not require him to comply with any fixed terms or require him to make any payments until the characterization of the advances was determined. Furthermore, petitioner produced no documentation showing that a fixed schedule was established to repay 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. 4. Whether the Borrower Had a Reasonable Prospect of Repaying the Loan and Whether the Lender Had Sufficient Funds To Advance the Loan This factor is best determined by looking to whether there was “a reasonable expectation of repayment in light of the economic realities of the situation” at the time the funds were advanced. Fisher v. Commissioner, supra at 910. A reasonable prospect of repayment at the time the funds were advancedPage: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 NextLast modified: March 27, 2008