- 27 - This factor is neutral, and we give it no weight. xi. Inability to obtain financing The question of whether a purported debtor could have obtained comparable financing is relevant in measuring the economic reality of a transfer. Estate of Mixon v. United States, 464 F.2d at 410. Evidence that the purported debtor could have obtained loans from outside sources points toward debt. Evidence that the taxpayer could not obtain loans from independent sources points toward equity. Calumet Indus., Inc. & Subs. v. Commissioner, 95 T.C. at 287. We look to whether the terms of the purported debt were a "patent distortion of what would normally have been available" to the debtor in an arms- length transaction. See Litton Bus. Sys., Inc. v. Commissioner, 61 T.C. at 379. The record contains no persuasive evidence on whether Kenilworth could have obtained financing from an unrelated party at the relevant times. Kenilworth's history of making repayments to petitioner, however, is a fact that we believe any reasonable creditor would look favorably upon in deciding whether to loan money to Kenilworth. The same is true with respect to Kenilworth's increased earnings from its 1985 taxable year to its 1986 taxable year. See Bauer v. Commissioner, supra at 1369-1370. This factor favors classifying the advances as debt.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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