- 27 - transpired between petitioner and Northwest during the fiscal year ended June 30, 1989. Respondent looks at the events during this period, and particularly the advances made by petitioner to Northwest, as being either loans which created debt or contributions to capital. Respondent views petitioner as a stockholder of Northwest and analyzes the advances by petitioner to Northwest under the traditional debt-equity considerations. See Estate of Mixon v. United States, 464 F.2d 394, 402 (5th Cir. 1972) (applying 13 debt-equity factors). Using that approach, respondent concludes that no bona fide debtor-creditor relationship between petitioner and Northwest was created after October 10, 1988, because the advances and extensions of credit by petitioner to Northwest after that date were worthless when made. See Putnam v. Commissioner, 352 U.S. 82, 88 (1956) (taxpayer who voluntarily buys a debt with knowledge that he will not be paid is considered not to have acquired a debt). Petitioner, on the other hand, views the transactions during this period as an attempt to bail out and salvage a dealership that was important to petitioner. Northwest covered a territory which had substantial potential. Prior to the years in issue, Northwest had been profitable and responsible for many sales of petitioner's motor coaches. Petitioner wanted to keep Northwest as a healthy, profitable dealership because of its own self- interest in selling motor coaches. As the scenario further developed and the bankruptcy of Northwest became a realPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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