Charles Kadlec and Leslie C. Kadlec - Page 11

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          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 or             







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