Laidlaw Transportation, Inc. and Subsidiaries - Page 58

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          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.4               






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