Thomas M. and Christine A. Fries - Page 17

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          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, supra             





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