Ronald B. and Annette C. Talmage - Page 65




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         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.                                                                        







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