- 15 - financial condition or the potential success of the Corbin project. See Dixie Dairies Corp. v. Commissioner, supra at 495; Gooding Amusement Co. v. Commissioner, supra at 418-419.6 Petitioner’s right to demand repayment of the advance was limited from its inception. Petitioner did not intend to demand repayment of the $200,000 advance unless and until the Corbin project was successful. This factor favors respondent’s position. 5. Participation and Management If petitioner received a right to participate in the management of the Corbin project in consideration for the advance, such participation tends to demonstrate that the advance was not bona fide indebtedness but rather was an equity investment. See American Offshore, Inc. v. Commissioner, 97 T.C. at 603. Prior to the Corbin project, petitioner and Mr. Magness did not have a continuous business relationship; petitioner had retained Mr. Magness approximately four times over the past 20 years to perform framing or construction services. As a condition for advancing the money, petitioner insisted he be retained as a consultant on the Corbin project because he “wanted 6In addition, the promissory note was not protected by an acceleration clause or sinking fund in the event of default. See A.R. Lantz Co. v. United States, 424 F.2d 1330, 1334 (9th Cir. 1970).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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