United States Sixth Circuit
COSTANZA v. COMM'R OF INTERNAL REVENUE, 01-2207
Petitioners rebutted the presumption against the enforceability of an intrafamily self-cancelling installment note (SCIN) by showing a real expectation of repayment and intent to enforce collection of indebtedness, thus the tax court erred in finding that the execution of the SCIN was not a bona fide transaction.
Appellate Information
- Decided 02/19/2003
- Published 02/19/2003
Judges
- Before GILMAN and GIBBONS, Circuit Judges; POLSTER, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Charles L. McKelvie (briefed), Rita A. Baird (briefed), Dold, Spath, McKelvie & DeLuca, P.C., Troy, MI, for Appellants.
- For Appellees:
- Richard Farber (briefed), Teresa T. Milton (briefed), Robert J. Branman, United States Department of Justice, Appellate Section Tax Division, Washington, DC, for Appellee.