- 12 - Although we are not deciding a debt versus equity question, we find that the test used by this Court in deciding that issue will be useful in deciding whether petitioner's transfers of funds to the restaurants constituted loans. The question of whether a transfer of funds to a closely held business constitutes debt or equity must be decided on the basis of all relevant factors. Dixie Dairies Corp. v. Commissioner, 74 T.C. 476, 493 (1980). Courts look to the following nonexclusive factors to evaluate the nature of transfers of funds to closely held businesses: (1) The names given to the documents evidencing the purported loans; (2) the presence or absence of fixed maturity dates with regard to the purported loans; (3) the likely source of any repayments; (4) whether the taxpayers could or would enforce repayment of the transfers; (5) whether the taxpayers participated in the management of the business as a result of the transfers; (6) whether the taxpayers subordinated their purported loans to the loans of the corporation's creditors; (7) the intent of the taxpayers and the corporations; (8) whether the taxpayers who are claiming creditor status were also shareholders of the corporations; (9) the capitalization of the corporations; (10) the ability of the corporations to obtain financing from outside sources at the time of the transfers; (11) how the funds transferred were used by the corporations; (12) thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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