Laidlaw Transportation, Inc. and Subsidiaries - Page 80

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               Petitioners contend that this factor applies only to capital           
          expenses for the initial operations of a business.  Petitioners             
          rely on Slappey Drive Indus. Park v. United States, supra at 583.           
          Most of the advances in that case were used to finance the                  
          initial operations of a business.  Id.  However, the Court of               
          Appeals for the Fifth Circuit did not hold in that case that an             
          advance must be used to buy capital assets for a new business for           
          it to be treated as equity.                                                 
               This factor supports treating the LIIBV advances to                    
          petitioners as equity.                                                      
               13. Whether the Recipient Repaid the Funds on the Due Date             
               The failure of a corporation to repay principal amounts on             
          the due date indicates that advances were equity.  Estate of                
          Mixon v. United States, supra; see Slappey Drive Indus. Park v.             
          United States, supra at 582.  LIIBV repeatedly deferred and                 
          extended the vast majority of principal payments.                           
               Petitioners contend that extending the due date is the same            
          as repaying on the due date.  Petitioners cite Litton Bus. Sys.             
          Inc. v. Commissioner, 61 T.C. 367 (1973), and C.M. Gooch Lumber             
          Sales Co. v. Commissioner, 49 T.C. at 657.  Those cases differ              
          from the instant case.  Litton Bus. Sys. Inc. v. Commissioner,              
          supra, differs because in that case the recipient of funds                  
          continuously repaid principal which substantially reduced the net           
          debt.  Id. at 374-375, 380-381.  In Litton Bus. Sys., we found a            
          reasonable expectation of repayment not present in the instant              
          cases.  Petitioners' account balances increased throughout the              



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