- 16 - input into the project to make sure that they would be successful.” Respondent contends the $40,000 consulting fee was a handsome profit on petitioner’s $200,000 investment, and the agreement was indicative of a joint venture. We agree that petitioner’s participation in the Corbin project and his relationship with Mr. Magness more closely resembled a joint venture than a debtor-creditor relationship. This factor favors respondent’s position. 6. Status Equal to or Inferior to that of Regular Creditors Whether an advance is subordinated to regular creditors bears on whether the taxpayer was acting as a creditor or an investor. See Estate of Mixon v. United States, 464 F.2d at 406. In addition, “Failure to demand timely repayment effectively subordinates the intercompany debt to the rights of other creditors who receive payment in the interim.” American Offshore, Inc. v. Commissioner, supra at 603 (citing Inductotherm Indus., Inc. v. Commissioner, T.C. Memo. 1984-281, affd. without published opinion 770 F.2d 1071 (3d Cir. 1985)). Mr. Magness continued to pay other creditors in lieu of petitioner after June 1, 1992, the date when petitioner was entitled to repayment of the $200,000 advance, plus interest, under the promissory note and to payment of the consulting fee under the Contract. Petitioner did not demand or expect paymentPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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