- 17 - Respondent's reply brief then states that in the case at bar, we are dealing with the question of debt to equity ratio in the context of a controlled foreign corporation, a financing subsidiary. The requirement of adequate capitalization serves as a major assurance that there is financial reality and substance to the transaction in the post Moline Properties, supra, era. [Fn. ref. omitted.] However, respondent cites no authority for this proposition, nor does she explain what factors should be used in determining the existence of "adequate capitalization" in this situation. It would appear that this is an issue of first impression. There is nothing in Moline Properties, Inc. v. Commissioner, 319 U.S. 436 (1943), upon which respondent can rely. In that case, the taxpayer corporation was created and owned by an individual who had previously purchased real estate that he had mortgaged. The investment proved unprofitable, and in order to avoid losing the property, the individual owner was required by his creditors to transfer title to the newly formed corporation and place the corporate stock in trust as collateral. See Moline Properties, Inc. v. Commissioner, 45 B.T.A. 647 (1941), revd. 131 F.2d 388 (5th Cir. 1942), affd. 319 U.S. 436 (1943). In Moline Properties, Inc. v. Commissioner, supra, the Supreme Court upheld the Commissioner's position that the corporate entity to which the real estate was transferred must be recognized and pay tax on the profit realized when it sold the real estate. There is nothing in Moline Properties that suggestsPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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