- 21 - Offshore, Inc. v. Commissioner, 97 T.C. at 604-605; Leach Corp. v. Commissioner, 30 T.C. 563, 579 (1958). Petitioner and his brother each held 50 percent of Swirl's stock. Petitioner advanced $350,000, and his brother advanced $250,000. The $350,000 is about 58 percent of $600,000 ($350,000 plus $250,000). Petitioner's advance was neither proportionate nor sharply disproportionate to his share of Swirl stock. This factor is neutral. 4. Factors Which Favor Respondent a. Whether The Loan is Subordinated to Other Obligations If repayment of an advance is subordinated to claims of other creditors, it is more likely to be equity. American Offshore, Inc. v. Commissioner, supra at 603; Ambassador Apartments, Inc. v. Commissioner, 50 T.C. at 246; 2554-58 Creston Corp. v. Commissioner, 40 T.C. at 937 n.3. The notes petitioner received from Swirl were subordinated to the interests of Chemical Bank. This factor suggests that the transfer was equity. b. Whether Swirl Repaid the Amount Advanced When Due Subsequent payment history may show whether the recipient of an advance intended to repay it when it was made. American Offshore, Inc. v. Commissioner, supra at 606; see Diamond Bros. Co. v. Commissioner, 322 F.2d 725, 732 (3d Cir. 1963), affg. T.C. Memo. 1962-132; Wilbur Sec. Co. v. Commissioner, 279 F.2d 657,Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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