- 24 - United States, supra at 1412; see also Church of Scientology v. Commissioner, 823 F.2d 1310, 1319 (9th Cir. 1987), affg. 83 T.C. 381 (1984); Sun Properties v. United States, 220 F.2d 171, 174 (5th Cir. 1955). This factor favors classifying the advances as debt. viii. Capitalization Thin or inadequate capitalization points toward equity. Hardman v. United States, supra at 1414. The same is true with respect to advances which are made to a corporation with an excessive debt to equity ratio. Roth Steel Tube Co. v. Commissioner, 800 F.2d at 632. The ratio of debt to equity is measured by comparing the corporation's total liabilities to its stockholders' equity. Stockholders' equity equals the corporation's assets minus its liabilities. Bauer v. Commissioner, 748 F.2d at 1368. The record does not allow us to measure with any precision the ratio of Kenilworth's debt versus its equity on each of the relevant dates. We also do not know with certainty the ratio of debt versus equity that is commonplace in a business such as Kenilworth's. Ordinarily, we count any gap in the record against the taxpayer; i.e., the party with the burden of proof. See Rule 142(a). In the setting of this case, however, we do not 5(...continued) petitioner and Kenilworth classified the advances as loans when they prepared their income tax returns because they wanted to transfer losses between themselves.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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