- 12 - corporation to obtain loans from outside sources; (12) the use to which the advances were put; and (13) the failure of the debtor to repay on the due date. See also Dixie Dairies Corp. v. Commissioner, 74 T.C. 476, 493 (1980). The identified factors are not equally significant, nor is any one factor determinative. See Estate of Mixon v. United States, supra; Dixie Dairies Corp. v. Commissioner, supra. The factors must be evaluated in light of all the facts and circumstances. See Dixie Dairies Corp. v. Commissioner, supra. 1. Names Given to the Certificates The issuance of a note may be indicative of bona fide debt. See Estate of Mixon v. United States, supra. The existence of a note, however, is not in and of itself conclusive. An unsecured note, with payments thereon made long after the due date or else not at all, weighs toward equity. See Stinnett’s Pontiac Serv., Inc. v. Commissioner, supra; Estate of Van Anda v. Commissioner, 12 T.C. 1158, 1162 (1949), affd. per curiam 192 F.2d 391 (2d Cir. 1951). Two of petitioner’s 1993 advances, of $25,000 each, were not evidenced by any kind of debt instrument. As applied to these two advances, this factor weighs toward equity.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011