- 11 - T.C. Memo. 1956-137; Peraino v. Commissioner, T.C. Memo. 1982- 524, affd. without opinion 742 F.2d 1437 (2d Cir. 1983). Petitioners stipulated that Mr. Kadlec anticipated repayment of his advances would come out of the profits from product sales and, for the 1984 and 1985 advances, from the rental income generated from the sublease with Datatrol. Thus, Mr. Kadlec did not enjoy an expectation of repayment, regardless of the success of the business. Gilbert v. Commissioner, supra at 406. This is an additional factor pointing to a finding that the advances constituted contributions to capital rather than loans. Thin Capitalization A corporation’s debt-to-equity ratio compares the corporation's total liabilities to its stockholders’ equity. Development Corp. of Am. v. Commissioner, T.C. Memo. 1988-127. Examining the debt-to-equity ratio enables us to determine whether a corporation is so thinly capitalized that a business loss would result in an inability to repay the advance. Such thin capitalization would be indicative of a capital contribution rather than a loan. Bauer v. Commissioner, 748 F.2d 1365, 1369 (9th Cir. 1984), revg. T.C. Memo. 1983-120. Despite numerous judicial opinions on this issue, no clear cut set of standards or agreed-upon mathematical formula exists to determine whether orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011