- 18 - existed. It is clear that Mr. Magness viewed his obligation to repay petitioner as a conditional obligation dependent solely on the success of the Corbin project. Mr. Magness was asked at trial, “Are you going to repay Mr. Provost the $200,000 loan?” Mr. Magness responded; “No.” The relevant facts and circumstances support a conclusion that petitioner and Mr. Magness did not intend to create a debtor-creditor relationship. This factor favors respondent’s position. 8. “Thin” or Adequate Capitalization Thin capitalization is strong evidence of a capital contribution where: (1) The debt-to-equity ratio was initially high; (2) the parties realized that it would likely go higher; and (3) substantial portions of these funds were used for the purchase of capital assets and for meeting expenses needed to commence operations. See American Offshore, Inc. v. Commissioner, supra at 604 (citing United States v. Henderson, 375 F.2d 36, 40 (5th Cir. 1967)). We give this factor no weight, however, because the parties did not argue that the evidence directly supported or negated this factor, and the record does not contain sufficient evidence to make our own analysis. 9. Identity of Interest Between Creditor and Stockholder This factor generally compares the equity ownership of stockholders with their position as creditors in order toPage: 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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