J. Michael Shedd and Marita Shedd - Page 8




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          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 Roth Steel Tube Co. v. Commissioner, 800 F.2d 625,           
          630 (6th Cir. 1986); Calumet Indus., Inc. v. Commissioner, supra;           
          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).              
               We consider each of the suggested factors in our analysis of           
          whether petitioners created bona fide debt rather than equity, as           
          determined by respondent.                                                   
          1.  Name Given Instruments Evidencing Indebtedness                          
               The issuance of a note may be indicative of bona fide debt.            
          See Estate of Mixon v. Commissioner, 464 F.2d 394, 402 (5th Cir.            






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