Norton M. Bowman - Page 11

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          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.                 




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