AMW Investments, Inc. - Page 21

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          transfer, and he effectively owned 100 percent of petitioner’s              
          equity at the time of the transfer.                                         
               This factor weighs toward equity.                                      
               vii.   Presence or Absence of Security                                 
               The absence of security for purported debt weighs toward               
          equity.  Roth Steel Tube Co. v. Commissioner, supra at 632;                 
          Lane v. United States, supra at 1317; Raymond v. United States,             
          511 F.2d at 191; Austin Village, Inc. v. United States, 432 F.2d            
          at 745.                                                                     
               Mr. Mohney did not receive security for his transfer of the            
          subject properties to petitioner.                                           
               This factor weighs toward equity.                                      
               viii.   Inability to Obtain Financing                                  
               The question of whether a transferee 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; Nassau Lens Co. v. Commissioner, 308 F.2d 39, 47               
          (2d Cir. 1962), remanding 35 T.C. 268 (1960).  Evidence that the            
          taxpayer could not obtain loans from independent sources weighs             
          toward equity.  Calumet Indus., Inc. v. Commissioner, 95 T.C.               
          257, 287 (1990).  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 arm’s-length transaction.  See               







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