Glenn and Marion Peterson - Page 8

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               Recognizing that no single factor is determinative, the                
          courts have applied a variety of factors in deciding whether a              
          guarantee was a loan or a capital contribution.  Among these                
          factors are the name given to the certificate evidencing the                
          indebtedness, whether repayment depended on the success of the              
          business, whether the right to be repaid by the corporation for             
          payments on the guarantee was subordinated to other corporate               
          indebtedness, what the intent of the parties was in creating the            
          guarantee, whether the initial capital of the corporation was               
          adequate, whether outside sources would have extended the                   
          corporation a line of credit without the guarantee, whether the             
          corporation repaid the guaranteed loans, and whether the                    
          corporation gave the guarantor or the lender any security.  In Re           
          Lane, supra; Plantation Patterns, Inc. v. Commissioner, 462 F.2d            
          712 (5th Cir. 1972), affg. T.C. Memo. 1970-182; Intergraph Corp.            
          & Subs. v. Commissioner, 106 T.C. 312 (1996).  The ultimate                 
          question is "'was there a genuine intention to create a debt,               
          with a reasonable expectation of repayment, and did that                    
          intention comport with the economic reality of creating a                   
          debtor-creditor relationship?'"  Calumet Industries, Inc. v.                
          Commissioner, 95 T.C. 257, 286 (1990) (quoting Litton Bus. Sys.,            
          Inc. v. Commissioner, 62 T.C. 367, 377 (1973)).                             
               We see no purpose to be served in analyzing each of the                
          foregoing factors as applied to the situation herein.  It is                





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