- 65 - and the funds transferred by NCPL to petitioner to operate the Rivercliff property’s farm of $36,263, $13,454, and $42,533 in 1998, 2001, and 2002, respectively. B. The Rivercliff Property Purchase Loan With respect to the $519,033 NCPL advanced to petitioner for the purchase of the Rivercliff property in 1998, the record discloses that: (1) No promissory note or other instrument was executed; (2) no collateral was pledged to secure repayment; (3) there was no fixed schedule for repayment; (4) as determined above, it was not reasonable to expect at the time the funds were advanced petitioner could repay them; (5) no interest was charged or paid; (6) and petitioner did not intend at the time the funds were advanced to make any payments. At trial petitioner testified that because of his long and close relationship with Mr. Seki, formalities were not required and the form of repayment was left open until the Rivercliff property was completely developed. However, this does not demonstrate that petitioner and NCPL conducted themselves in a manner indicating the $519,033 advance was a loan. Petitioner has failed to meet his burden of proving that the $519,033 advanced to him for the purchase of the Rivercliff property constituted a bona fide loan. On this record, the Court finds that petitioner failed to report the $519,033 as income in 1998.Page: Previous 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 NextLast modified: March 27, 2008