- 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.                                         
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