Peoplefeeders, Inc. and Subsidiaries - Page 18




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          556, 567 (1971), affd. without published opinion 474 F.2d 1338              
          (3d Cir. 1973).                                                             
               Petitioner bears the burden of proving that the amounts in             
          question constitute loans.  Rule 142(a); Welch v. Helvering, 290            
          U.S. 111, 115 (1933).                                                       
               Courts typically determine whether the requisite intent to             
          repay was present by examining objective evidence of the parties'           
          intentions.  See, e.g., Busch v. Commissioner, 728 F.2d 945, 948            
          (7th Cir. 1984), affg. T.C. Memo. 1983-98; Alterman Foods, Inc.             
          v. United States, 505 F.2d 873, 877 n.7 (5th Cir. 1974).                    
               The following list of factors is often set forth in                    
          analyzing whether transfers of funds between related corporations           
          should be treated as loans, as equity, or as dividends:                     
          (1) Whether the transfers of funds are evidenced by written                 
          promissory notes and are otherwise reflected on the taxpayer’s              
          books and records as loans; (2) the presence or absence of stated           
          maturity dates; (3) the source of payments; (4) the right to                
          enforce payments of principal and interest; (5) participation in            
          management; (6) a status equal to or inferior to that of regular            
          corporate creditors; (7) the intent of the parties; (8) "thin" or           
          adequate capitalization; (9) the identity of interest between               
          shareholders and creditors; (10) repayments on the purported                
          loans only out of profits; and (11) the ability of the purported            
          debtor to obtain loans from outside lending institutions.                   
          Hardman v. United States, 827 F.2d 1409, 1411-1412 (9th Cir.                




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