Roger E. Goodrich and Suzanne B. Goodrich - Page 9

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          the documents evidencing the purported loans; (2) the presence or           
          absence of fixed maturity dates with regard to the purported                
          loans; (3) the likely source of any repayments; (4) whether the             
          taxpayers could or would enforce repayment of the transfers;                
          (5) whether the taxpayers participated in the management of the             
          corporations as a result of the transfers; (6) whether the                  
          taxpayers subordinated their purported loans to the loans of the            
          corporations’ creditors; (7) the intent of the taxpayers and the            
          corporations; (8) whether the taxpayers who are claiming creditor           
          status were also shareholders of the corporations; (9) the                  
          capitalization of the corporations; (10) the ability of the                 
          corporations to obtain financing from outside sources at the time           
          of the transfers; (11) how the funds transferred were used by the           
          corporations; (12) the failure of the corporations to repay; and            
          (13) the risk involved in making the transfers.  Calumet Indus.             
          Inc. v. Commissioner, 95 T.C. 257, 285 (1990); Dixie Dairies                
          Corp. v. Commissioner, supra at 493.                                        
               The above factors serve only as aids in evaluating whether             
          taxpayers’ transfers of funds to closely held corporations should           
          be regarded as risk capital subject to the financial success of             
          the corporations or as bona fide loans made to the corporations.            
          Fin Hay Realty Co. v. United States, 398 F.2d 694, 697 (3d Cir.             
          1968).  No single factor is controlling.  Dixie Dairies Corp. v.            
          Commissioner, supra at 493.                                                 






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