- 25 - believe that the small gap in the record as it pertains to this factor counts against petitioner. Petitioner frequently and regularly advanced funds throughout the subject years to or on behalf of Kenilworth, and petitioner has supplied the Court with reams of documents relating to these advances. We could sift through these documents and arrive at fair estimations of the debt to equity ratio on many of the relevant dates. We refuse to do so, however, because we do not believe that these estimations would be meaningful enough to cause this factor to lean in one direction or the other. This factor is neutral, and we give it no weight. ix. Identity of interest Advances made by stockholders in proportion to their respective stock ownership point towards equity. A sharply disproportionate ratio between a stockholder’s ownership percentage and the corporation's debt to that stockholder generally points toward debt. Roth Steel Tube Co. v. Commissioner, supra at 630; Estate of Mixon v. United States, supra at 409; American Offshore, Inc. v. Commissioner, supra at 604. Petitioner did not have a direct stock interest in Kenilworth. Thus, the advances from petitioner to Kenilworth bore no relationship to a stockholding that petitioner had in Kenilworth. Respondent argues that the advances were actually contributions to Kenilworth's capital that were considered madePage: 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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