- 13 - failure of the corporations to repay; and (13) the risk involved in making the transfers. Id. These factors serve only as aids in evaluating whether transfers of funds to a closely held business should be regarded as capital contributions or as bona fide loans. Boatner v. Commissioner, T.C. Memo. 1997-379. No single factor is controlling. Dixie Dairies Corp. v. Commissioner, supra. As expressed by this Court, the ultimate question is "Was there a genuine intention to create a debt, with a reasonable expectation of repayment, and did that intention comport with the economic reality of creating a debtor-creditor relationship?" Litton Business Sys., Inc. v. Commissioner, 61 T.C. 367, 377 (1973). We find that Mr. Beretta's transfers of funds to the entities that controlled the Atascadero and Salinas Peppertree Restaurants were not loans. Only the factors material to our decision will be discussed. First, the notes that evidenced the contributions to HRB Enterprises had no maturity date. The absence of a maturity date with respect to a note weighs against finding that the transfers were loans. Stinnett's Pontiac Serv., Inc. v. Commissioner, 730 F.2d 634, 638 (11th Cir. 1984), affg. T.C. Memo. 1982-314. Second, the source of “repayments” for the transfers was highly unusual. Mr. Beretta had employees skim money directly from the cash registers on his behalf. No repayment schedulePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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