- 9 - We find that petitioners have failed to carry their burden of proof. Our analysis of the advances at issue under the factors listed above convinces us that these advances were contributions to capital rather than loans. Formal Indicia of the Arrangement On brief, respondent concedes that Mr. Kadlec's advances possessed the formal indicia of loans. The advances were memorialized by promissory notes specifying the payment of a sum certain at a fixed maturity date with interest and providing Mr. Kadlec with the right to enforce payments. However, allegedly objective economic indicia of debt, such as consistent bookkeeping and consistent financial reporting on balance sheets, are little more than additional declarations of intent, without accompanying objective economic indicia of debt. Dixie Dairies Corp. v. Commissioner, 74 T.C. at 495 (citing Alterman Foods, Inc. v. United States, 505 F.2d 873, 879 (5th Cir. 1974)). In the instant case, the formal indicia surrounding Mr. Kadlec's advances are overcome by other factors that establish that, as a matter of economic reality, Mr. Kadlec's advances were capital contributions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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