American Underwriters, Inc. - Page 19

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               ii.   Fixed maturity date                                              
               The presence of a fixed maturity date points toward debt.              
          The absence of a fixed maturity date usually points toward                  
          equity.  Such an absence tends to show that repayment is more               
          likely tied to the fortunes of a business.  Hardman v. United               
          States, 827 F.2d at 1413; American Offshore, Inc. v.                        
          Commissioner, 97 T.C. at 602.  The fact that a fixed maturity               
          date is absent from a case, however, does not necessarily mean              
          that a purported debt is actually equity.  In such a case, the              
          Court must ascertain whether the lack of a fixed maturity date is           
          explainable or otherwise negated by other evidence in the record.           
          See Hardman v. United States, supra at 1413.                                
               Because petitioner did not issue notes to evidence the                 
          advances as debt, we do not find a written maturity date for the            
          advances' repayment.  We find, however, that the advances were              
          repayable on demand.  It is also relevant that Kenilworth had a             
          prior history of borrowing money from petitioner for short                  
          periods of time, and of repaying timely these debts.  Estate of             
          Mixon v. United States, supra at 404.  The same is true with                
          respect to the fact that petitioner demanded that Kenilworth                
          repay petitioner all debts (including the advances) due it after            
          the Crash.  Such a demand for repayment is evidence of a                    
          debtor-creditor relationship.  Montgomery v. United States,                 
          87 Ct. Cl. 218, 23 F. Supp. 130 (1938); see also Sattelmaier v.             
          Commissioner, T.C. Memo. 1991-597.                                          




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