Laidlaw Transportation, Inc. and Subsidiaries - Page 68

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               8.   Whether the Recipient of the Advance Is Adequately                
                    Capitalized                                                       
                    a.   Capitalization of Petitioners                                
               Inadequate capitalization strongly suggests that an advance            
          is equity if:  (a) The debt to equity ratio was initially high,             
          (b) the parties realized that it would likely go higher, and (c)            
          the recipient of the funds used a substantial part of the funds             
          to buy capital assets and to meet expenses needed to begin                  
          operations.  Estate of Mixon v. United States, supra at 408;                
          United States v. Henderson, 375 F.2d 36, 40 (5th Cir. 1967).                
          Courts generally consider a borrower's debt to equity ratio and             
          other financial data in deciding if it is thinly capitalized.               
          See, e.g., Tyler v. Tomlinson, supra at 848-849.                            
               The GSX purchase made petitioners' debt to equity ratio high           
          during the first year in issue which ended August 31, 1986.                 
          Petitioners contend that they were not thinly capitalized. They             
          contend that both their and respondent's experts testified that             
          they were not thinly capitalized and that their financial                   
          condition was as good as their competitors.  We disagree.                   
          Petitioners' debt to equity ratio worsened after buying GSX                 
          because they continued to receive advances from LIIBV.                      
          Petitioners used most of the advances from LIIBV to pay capital             
          expenses such as to acquire more businesses.                                
               Theresa Poppei (Poppei), petitioners' expert, and David N.             
          Fuller (Fuller), respondent's expert, testified about                       






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