James P. Shea and Patricia H. Shea - Page 25




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          367, 377 (1973).  Whether the requisite intention to create a               
          true debtor-creditor relationship existed is a question of fact             
          to be determined from a review of all the evidence.  See id.                
          Factors considered in making the analysis include (1) the names             
          given to the certificates evidencing the indebtedness, (2) the              
          presence or absence of a fixed maturity date, (3) the source of             
          payments, (4) the right to enforce payments, (5) participation in           
          management as a result of the advances, (6) the status of the               
          advances in relation to regular corporate creditors, (7) the                
          ratio of debt to capital of the corporation, (8) the ability of             
          the corporation to obtain credit from outside sources, (9) the              
          use to which the advances were put, (10) the failure of the                 
          debtor to repay, and (11) the risk involved in making the                   
          advances.  See Calumet Indus., Inc. v. Commissioner, supra;                 
          Anchor Natl. Life v. Commissioner, 93 T.C. 382, 400 (1989); Dixie           
          Dairies Corp. v. Commissioner, 74 T.C. 476, 493 (1980).  No                 
          single factor is determinative, and not all factors are                     
          applicable in each case.  See Dixie Dairies Corp. v.                        
          Commissioner, supra.   “The various factors * * * are only aids             
          in answering the ultimate question whether the investment,                  
          analyzed in terms of its economic reality, constitutes risk                 
          capital entirely subject to the fortunes of the corporate venture           
          or represents a strict debtor-creditor relationship.”  Fin Hay              
          Realty Co. v. United States, 398 F.2d 694, 697 (3d Cir. 1968).              





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