Thomas M. and Christine A. Fries - Page 16

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          under the Internal Revenue Code."), affg. in part, vacating in              
          part and remanding T.C. Memo. 1967-187.                                     
               In addition, petitioner could not have realistically                   
          expected repayment at the time he made the advance in light of              
          National's financial condition.  Petitioner's contribution was              
          made during the early stages of the corporation's operations.               
          See Leuthold v. Commissioner, T.C. Memo. 1987-610.  A demand by             
          petitioner for repayment would have jeopardized the future                  
          success of the corporation on which his continued employment                
          depended.  See Davis v. Commissioner, 69 T.C. 814, 836 (1978).              
               7.  "Thin" or Adequate Capitalization                                  
               An advance to a corporation appears to be equity if the                
          corporation is thinly capitalized.  American Offshore, Inc. v.              
          Commissioner, 97 T.C. 579, 604 (1991).  No specific ratio of debt           
          to equity determines whether a corporation is adequately                    
          capitalized.  2554-58 Creston Corp. v. Commissioner, 40 T.C. 932,           
          937 n.3 (1963).  However, this Court has held that debt to equity           
          ratios of 800 to 1, American Offshore, Inc. v. Commissioner,                
          supra at 604; 205 to 1, 2554-58 Creston Corp. v. Commissioner,              
          supra at 937; and 123 to 1, Ambassador Apartments, Inc. v.                  
          Commissioner, supra at 245, indicated inadequate capitalization.            
               This case closely parallels Thompson v. Commissioner, 73               
          T.C. 878 (1980).  In Thompson, this Court held that the subject             
          advances of $20,000 were contributions to capital where a                   
          business had been incorporated with a minimal capital                       




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