- 11 - used to demonstrate the features that could be built into the houses it constructed for its customers or the building lots on which those homes would be erected. Associates appeared not to have expendable assets that could have been used to pay petitioner without detriment to its business; rather, any assets used to pay petitioner apparently would have had to have been replaced if Associates were to continue in business. The absence of liquid assets or of reasonably anticipated cash-flow out of which to make repayments indicates that the 1981 transaction was a contribution to capital rather than a loan. Segel v. Commissioner, 89 T.C. at 830-831. Moreover, petitioner's testimony indicates that he did not intend to demand payment until business conditions for Associates improved and its assets could be sold at full value. Petitioner's position as sole shareholder of Associates, his concern for its welfare, and the consequences of a demand for repayment indicate that it was unlikely that such a demand would be made, and thus the circumstances pointed to by petitioner do not indicate a creditor's interest in repayment. Tyler v. Tomlinson, supra at 849; Dixie Dairies Corp. v. Commissioner, 74 T.C. at 495. The fact that petitioner left the funds at the risk of Associates' business suggests that he did not intend to demand payment to the detriment of that business. Petitioner did not obtain a security interest in any of Associates' assets in connection with the 1981 transaction.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011