- 21 - iv. Right to enforce payment of interest and principal A definite obligation to enforce the payment of principal and interest is evidence of debt. Hardman v. United States, supra at 1413; American Offshore, Inc. v. Commissioner, supra at 603. The absence of security for the repayment of purported debt generally points toward equity. Roth Steel Tube Co. v. Commissioner, supra at 632; In re Lane, supra at 1317. We find that petitioner could enforce Kenilworth's repayment of the advances. Although we do not also find that petitioner could enforce the payment of interest, we give this fact little regard. We believe that Mr. Roven's credible testimony adequately explains the lack of an interest provision from which petitioner could seek enforcement. We also are untroubled by the fact that petitioner did not receive any type of security for the advances. Mr. Roven testified that he did not require security because Kenilworth and petitioner were commonly owned. Moreover, Kenilworth had a solid history of repaying petitioner timely and expeditiously. We do not believe that the absence of security under the facts at hand precludes a finding of debt on this factor. This factor is neutral, and we give it no weight. v. Participation and management If a transferor's right to participate in the management of the transferee corporation increases as a result of the transfer of funds, then the transferor may be a shareholder of thePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011