Jewell E. Gray, Donor, Deceased and Estate of Jewell E. Gray, Deceased, Jewell Mae Detjen, Personal Representative, et al. - Page 16

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          are not exclusive, and no one factor controls.  See John Kelley             
          Co. v. Commissioner, 326 U.S. 521 (1946); Litton Bus. Sys., Inc.            
          v. Commissioner, 61 T.C. 367, 376-377 (1973); Roschuni v.                   
          Commissioner, 29 T.C. 1193, 1201-1202 (1958), affd. 271 F.2d 267            
          (5th Cir. 1959).  We apply these factors next.                              
                    a.   The Shareholder's Degree of Control Over the                 
               Decedent owned 82.49 percent of Beth W. Corp.'s stock when             
          she died.  She was Beth W. Corp.'s president, made the daily                
          business decisions, and had complete control of Beth W. Corp.               
          This factor favors respondent.                                              
                    b.   The Degree to Which Beth W. Corp. Was Restricted             
                         in Transferring Funds to or on Behalf of Decedent            
               There is no evidence that Beth W. Corp. was limited in the             
          amount it could transfer to decedent.  This factor favors                   
                    c.   Beth W. Corp.'s Dividends and Earnings History               
               Beth W. Corp. paid a substantial amount of dividends to                
          decedent.  This factor favors petitioner.                                   
                    d.   Decedent's Ability To Repay                                  
               Decedent could have repaid the amounts transferred only if             
          she had liquidated Beth W. Corp.  This factor favors respondent.            
                    e.   Beth W. Corp.'s Attempts To Enforce Repayment                
               Decedent had not paid $1,621,198 of the $1,724,198 that                
          petitioner claims is a loan when decedent died.  There is no                

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