- 20 - This factor is neutral, and we give it no weight. iii. Source of repayment Repayment that is dependent upon corporate earnings points toward equity. Repayment that is not dependent on earnings points toward debt. Hardman v. United States, supra at 1413; Roth Steel Tube Co. v. Commissioner, 800 F.2d 625, 632 (6th Cir. 1986), affg. T.C. Memo. 1985-58; In re Lane, 742 F.2d 1311, 1314 (11th Cir. 1984); American Offshore, Inc. v. Commissioner, supra at 602. Purported debt is usually equity when its repayment is directly dependent on the profits of the debtor's business. Segel v. Commissioner, 89 T.C. 816, 830 (1987). Respondent would have us rely primarily on Kenilworth's balance sheets, with particular emphasis on its retained earnings, to conclude that Kenilworth had a minimal net worth on the relevant dates. We refuse to do so. Kenilworth's balance sheets are based on historic cost and do not report current value. We note, however, that Kenilworth had a balance sheet net worth of $400,485 at the beginning of its 1987 taxable year, and that its balance sheet net worth only fell to negative $971,002 at the end of that year, notwithstanding the fact that it lost at least $23.6 million on the day of the Crash. Contrary to respondent's assertion, we do not believe this factor supports a finding of equity. This factor is neutral, and we give it no weight.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011