Vang v. Xiong
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In this case, two individuals, Tong Vang and Pa Kou Xiong, were in a relationship recognized by Hmong cultural customs but were not legally married. They had two children together. Upon their separation, Xiong sought repayment of $38,000, which she claimed were loans to Vang and his family. Vang disputed this and counterclaimed for damages. The Superior Court of the State of Alaska found in favor of Xiong, and Vang appealed.
On appeal, Vang argued that the court should have applied a presumption that transfers of funds between close relatives are considered gifts rather than loans. However, the Supreme Court of the State of Alaska rejected this argument because the parties were not legally married or in a domestic partnership, and they were not close relatives. Additionally, the court found that the record supported the lower court’s finding that Xiong intended the transfers of money to be loans.
The court affirmed the lower court’s judgment, holding that the Superior Court did not err in treating the transfers as loans rather than gifts. The court found that Vang did not establish that he and Xiong were married, in a domestic partnership, or close relatives, which would have triggered the presumption that the transfers were gifts. Furthermore, the court found that the record supported the Superior Court's finding that Xiong intended the transfers of money to be loans.
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