- 15 - This factor weighs toward equity. ix. Subordination Subordination of purported debt to the claims of other creditors weighs towards equity. Roth Steel Tube Co. v. Commissioner, supra at 631-632; Stinnett's Pontiac Serv. Inc. v. Commissioner, 730 F.2d at 639; Raymond v. United States, 511 F.2d at 191; Austin Village v. Commissioner, supra at 745. Petitioner presented no evidence on the order of priority of Adult Fun’s debts. Given the fact, however, that the advances were unsecured, petitioner's right to repayment would have been subordinate to the interests of the secured creditors, if any. At best, petitioner and the other unsecured creditors could have shared in the proceeds that remained after the secured creditors were satisfied. This factor weighs toward equity. x. Use of Funds The transfer of funds from a shareholder to a corporation in order to meet the corporation’s daily business needs weighs toward debt. The transfer of funds from a shareholder to a corporation in order to purchase capital assets weighs toward equity. Roth Steel Tube Co. v. Commissioner, 800 F.2d at 632; Stinnett's Pontiac Serv. Inc. v. Commissioner, supra at 640; Raymond v. United States, supra at 191. The purported notes represented a long term commitment that was payable mainly from future income. While some of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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