- 58 - D. The Mixon Factors 1. The Name Given to the Certificates Evidencing the Advances The name given to the certificates evidencing the advances suggests whether advances are debt or equity. Estate of Mixon v. United States, supra at 402-403. The labels on the documents evidencing the advances at issue say that they are debt. However, an attempt to characterize a transaction by its labels may not be well taken in light of the facts and circumstances of the case. Id. at 404. Labels cannot change equity to debt. Gregory v. Helvering, supra; Estate of Mixon v. United States, supra. This factor favors treating the LIIBV advances to petitioners as debt but, as stated at par. II-C, above, we give less weight here to the form than to the substance of the transaction. 2. The Presence or Absence of a Fixed Maturity Date The presence of a fixed maturity date can indicate that an advance was debt. Estate of Mixon v. United States, supra at 404-405. However, the right to enforce maturity dates may be meaningless if the parties do not expect the recipient to repay. Foresun, Inc. v. Commissioner, 41 T.C. 706, 717 (1964), affd. in part, modified in part and remanded 348 F.2d 1006, 1009 (6th Cir. 1965); see Slappey Drive Indus. Park v. United States, 561 F.2d at 583 & n.18; Harlan v. United States, 409 F.2d 904, 907 n.4Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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