· 12/30/2022
DEPARTMENT OF CHILDREN AND FAMILIES vs S.T., PATERNAL AUNT, AND P.K., PATERNAL GRANDFATHER
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “some variation” from the “classic debt” formula does not necessitate treatment as equity
- defining a debt as “an unqualified obligation to pay a sum certain at a reasonably close fixed maturity date along with a fixed percentage in interest”
- “Generally we find an effort by the taxpayer to induce the Commissioner and the courts to make a finding that [the relevant] transactions are loans.”
- “classic debt” is “unqualified obligation to pay a sum certain . .. regardless of the debtor’s income or lack thereof.”
- \The classic debt is an unqualified obligation to pay a sum certain at a reasonably close fixed maturity date along with a fixed percentage in interest payable regardless of the debtor's income or lack thereof.\
- concurring opinion of Judge Waterman
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.