- 23 - corporation in order to purchase capital assets weighs toward equity. Roth Steel Tube Co. v. Commissioner, supra at 632; Stinnett's Pontiac Serv. v. Commissioner, supra at 640; Raymond v. United States, supra at 191. The subject properties were petitioner’s initial and primary assets, and the purported notes represented a long-term commitment that was payable mainly from the future rental income from the properties. We also find relevant that Mr. Mohney was willing to go unpaid for many years so that petitioner could continue to enjoy the advantage of uninterrupted ownership of the properties. This factor weighs toward equity. xi. Presence or Absence of a Sinking Fund The failure to establish a sinking fund for repayment weighs toward equity. Roth Steel Tube Co. v. Commissioner, supra at 632; Lane v. United States, 742 F.2d at 1317; Raymond v. United States, supra at 191; Austin Village, Inc. v. United States, supra at 745. The record does not indicate that petitioner established a sinking fund for the repayment of the purported notes. To the contrary, it appears that repayment was to come solely from petitioner's earnings. This factor weighs toward equity.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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