Thomas M. and Christine A. Fries - Page 11

                                       - 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's                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011