Philip A. Sellers - Page 12




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          corporation to obtain loans from outside sources; (12) the use to           
          which the advances were put; and (13) the failure of the debtor             
          to repay on the due date.  See also Dixie Dairies Corp. v.                  
          Commissioner, 74 T.C. 476, 493 (1980).                                      
               The identified factors are not equally significant, nor is             
          any one factor determinative.  See Estate of Mixon v. United                
          States, supra; Dixie Dairies Corp. v. Commissioner, supra.  The             
          factors must be evaluated in light of all the facts and                     
          circumstances.  See Dixie Dairies Corp. v. Commissioner, supra.             
               1.  Names Given to the Certificates                                    
               The issuance of a note may be indicative of bona fide debt.            
          See Estate of Mixon v. United States, supra.  The existence of a            
          note, however, is not in and of itself conclusive.  An unsecured            
          note, with payments thereon made long after the due date or else            
          not at all, weighs toward equity.  See Stinnett’s Pontiac Serv.,            
          Inc. v. Commissioner, supra; Estate of Van Anda v. Commissioner,            
          12 T.C. 1158, 1162 (1949), affd. per curiam 192 F.2d 391 (2d Cir.           
          1951).                                                                      
               Two of petitioner’s 1993 advances, of $25,000 each, were not           
          evidenced by any kind of debt instrument.  As applied to these              
          two advances, this factor weighs toward equity.                             











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