- 17 - contribution of $500 and the subsequent advances were apparently its only other source of funds. Id. at 894-895. Here, National had a capital base of $900, with a debt to equity ratio of roughly 166 to 1. As in Thompson, insufficient capital existed to fund National's operations at the time of petitioner's advance. See also Tyler v. Tomlinson, supra at 848-849. 8. Identity of Interest Between Creditor and Stockholder If stockholders make advances in proportion to their respective stock ownership, a capital contribution is indicated. Estate of Mixon v. United States, 464 F.2d at 409. Petitioner owned 33 percent of National's stock and contributed $74,700 to the corporation. Brands, who owned 11 percent of the stock, contributed precisely one-third of that amount, or $24,900. A 22-percent shareholder (the record is unclear whether Tucker or Tavistock) contributed exactly two-thirds of the amount of petitioner's advance, or $49,800. Although Burkhalter did not make an advance, at the time the stock was originally distributed the parties had apparently agreed to exempt him from making further monetary contributions. 9. Ability To Obtain Loans From Outside Lending Institutions If an ordinary reasonable creditor would not lend funds to a corporation when funds are advanced by a shareholder, the advance is more likely to be equity. Estate of Mixon v. United States, 464 F.2d at 410; American Offshore, Inc. v. Commissioner, supraPage: 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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