- 67 - than to stated intent. In re Lane, 742 F.2d 1311 (11th Cir. 1984). The Court of Appeals for the Fifth Circuit has said: Primary reliance upon subjective indications of intent is simply not an effective way of resolving * * * [the debt versus equity] problem. In a land of hard economic facts, we cannot root important decisions in parties' pious declarations of intent. * * * Texas Farm Bureau v. United States, 725 F.2d at 314. Thus, to reveal a taxpayer's intent, we must consider not only the pronouncements of the parties, but also the circumstances surrounding the transaction. Tyler v. Tomlinson, 414 F.2d at 850. Petitioners referred to the advances as loans, and surely wanted the advances to be treated as loans; however, that is not the same as intending the advances to be loans. Despite petitioners' worsening finances, LIIBV made large advances, extended the terms for payment, and did not seek security in the written agreements. Petitioners did not intend in substance to pay interest; they intended LIIBV to advance funds whenever interest was due. Petitioners intended LIIBV to continue to advance funds with no expectation that petitioners would repay. LTL represented to Canadian tax officials that the loans are "in the nature of capital contributions". This factor supports treating the LIIBV advances to petitioners as equity.Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
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