- 10 - Inability of SLI to Obtain Funds from Outside Sources In Segel v. Commissioner, 89 T.C. at 832, we explained that the focus of this factor "is not simply on the ability of a corporation to obtain the funds from outside sources; rather, the focus is whether an outside lender would have lent the funds on the same or similar terms.” The record in this case clearly establishes that an independent outside lender would not have made the same advances to SLI as did Mr. Kadlec. The corporate minutes from a special meeting of SLI’s board of directors on April 22, 1981, state that Hudson National required Mr. Kadlec to personally countersign the borrowing. In addition, corporate minutes from meetings of SLI’s board of directors on April 20, 1982, and May 6, 1986, indicate that advances from Mr. Kadlec were necessary, because SLI no longer had any outside sources available for borrowing. Presence of this factor indicates that the advances were contributions to capital. The Risk Involved Advances by a shareholder that are placed at the risk of the corporation's business are likely to be considered contributions to capital. Nassau Lens Co. v. Commissioner, 308 F.2d 39, 47 (2d Cir. 1962), remanding 35 T.C. 268 (1960); Gilbert v. Commissioner, 248 F.2d 399, 406-407 (2d Cir. 1957), remandingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011