- 11 - petitioner's employment relationship or National's future prospects turned sour. See Mayhew v. Commissioner, T.C. Memo. 1994-310. Due to the myriad factual circumstances under which debt- equity questions can arise, not all of the factors are necessarily relevant to each case. Dixie Dairies Corp. v. Commissioner, supra at 493-494. We shall discuss below only those factors germane to the disposition of the instant matter. 1. Name Given to the Certificate 2. Presence or Absence of a Fixed Maturity Date "[T]he issuance of a bond, debenture, or note is indicative of a bona fide indebtedness." Estate of Mixon v. United States, supra at 403. Also, the presence of a definite maturity date indicates a fixed obligation to repay, which is characteristic of a debt obligation. Id. at 404. Here, the note issued to petitioner had a set monthly repayment schedule, which militates in favor of debt. 3. Source of the Payments If repayment is possible only out of corporate earnings, the transaction resembles a capital contribution; if repayment does not hinge on earnings, the transaction reflects a loan. Id. at 405; Leuthold v. Commissioner, T.C. Memo. 1987-610. In this case, immediate repayment was not available from National's existing assets, as National had virtually no resources. The amount due each month on the Fries note exceeded National'sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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