- 16 - under the Internal Revenue Code."), affg. in part, vacating in part and remanding T.C. Memo. 1967-187. In addition, petitioner could not have realistically expected repayment at the time he made the advance in light of National's financial condition. Petitioner's contribution was made during the early stages of the corporation's operations. See Leuthold v. Commissioner, T.C. Memo. 1987-610. A demand by petitioner for repayment would have jeopardized the future success of the corporation on which his continued employment depended. See Davis v. Commissioner, 69 T.C. 814, 836 (1978). 7. "Thin" or Adequate Capitalization An advance to a corporation appears to be equity if the corporation is thinly capitalized. American Offshore, Inc. v. Commissioner, 97 T.C. 579, 604 (1991). No specific ratio of debt to equity determines whether a corporation is adequately capitalized. 2554-58 Creston Corp. v. Commissioner, 40 T.C. 932, 937 n.3 (1963). However, this Court has held that debt to equity ratios of 800 to 1, American Offshore, Inc. v. Commissioner, supra at 604; 205 to 1, 2554-58 Creston Corp. v. Commissioner, supra at 937; and 123 to 1, Ambassador Apartments, Inc. v. Commissioner, supra at 245, indicated inadequate capitalization. This case closely parallels Thompson v. Commissioner, 73 T.C. 878 (1980). In Thompson, this Court held that the subject advances of $20,000 were contributions to capital where a business had been incorporated with a minimal capitalPage: 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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