- 14 - Commissioner, 97 T.C. 579, 602 (1991). The absence of a fixed maturity date or repayment schedule may indicate a contribution to capital rather than a loan. See Stinnett’s Pontiac Serv., Inc. v. Commissioner, supra; Estate of Mixon v. United States, supra at 404; American Offshore, Inc. v. Commissioner, supra at 602. Five out of seven of petitioner’s advances to Gandy’s had no fixed maturity date and no repayment schedule. The notes reflecting the other two advances had 1-year maturity dates, but the significance of this factor is diminished by Gandy’s failure to make repayments in accordance with the maturity dates and petitioner’s failure to make any efforts to collect. This factor weighs against a bona fide debtor-creditor relationship. 3. Source of the Payments Repayment that depends on corporate earnings has the appearance of a contribution to capital. See Estate of Mixon v. United States, supra at 405; see also Stinnett’s Pontiac Serv., Inc. v. Commissioner, supra at 638-639. Gandy’s controller testified that repayment of the advances from petitioner was contingent on the company’s making a profit. Similarly, petitioner testified that in order for his advances to be repaid, Gandy’s had to operate successfully. This factor weighs toward equity.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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