Laidlaw Transportation, Inc. and Subsidiaries - Page 53

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          were interest in substance and form.  Respondent's determination            
          is presumed to be correct, and petitioners bear the burden of               
          proof.  Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115                  
          (1933).                                                                     
          B.   Loans vs. Capital Contributions                                        
               The U.S. Court of Appeals for the Fifth Circuit, the circuit           
          to which these cases are appealable, has identified 13                      
          nonexclusive factors to be considered in deciding whether                   
          advances are debt or equity.  Estate of Mixon v. United States,             
          464 F.2d 394, 402 (5th Cir. 1972).  Those factors are: (1) the              
          name given to the certificate evidencing the indebtedness; (2)              
          the presence or absence of a fixed maturity date; (3) the source            
          of payments, i.e., whether the recipient of the funds can repay             
          the advance with reasonably anticipated cash-flow or liquid                 
          assets; (4) whether the provider of the funds has the right to              
          enforce payment; (5) whether the provider of the advance gains an           
          increased right to participate in management; (6) the status of             
          the contribution in relation to regular creditors; (7) the intent           
          of the parties; (8) whether the recipient of the advance is                 
          adequately capitalized; (9) whether there is an identity of                 
          interest between the creditor and the shareholder; (10) source of           
          interest payments, i.e., whether the recipient of the funds pays            
          interest from earnings; (11) the ability of the corporation to              
          obtain loans from outside lending institutions; (12) the extent             
          to which the recipient used the advance to buy capital assets;              





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