J. Michael Shedd and Marita Shedd - Page 13




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          are not present in the advances to TLC and do not support an                
          intention by J&J to collect on the advances.                                
          9.  The Use to Which the Advances Were Put                                  
               Use of advances to meet the daily operating needs of the               
          corporation, rather than to purchase capital assets, is                     
          indicative of bona fide indebtedness.  See Stinnett’s Pontiac               
          Serv., Inc. v. Commissioner, 730 F.2d at 640; Raymond v. United             
          States, 511 F.2d at 191; Estate of Mixon v. Commissioner, 464               
          F.2d at 410.  The advanced funds were used to pay the operating             
          expenses of TLC.  Accordingly, this factor favors petitioners’              
          position.                                                                   
          10.  The Failure of the Debtor To Repay                                     
               The absence of payments of principal or interest is a strong           
          indication that the advances were capital contributions rather              
          than loans.  See Stinnett’s Pontiac Serv., Inc. v. Commissioner,            
          supra at 640; Raymond v. Commissioner, supra at 191; Austin                 
          Village, Inc. v. United States, 432 F.2d 741, 745 (1970).  It is            
          undisputed that TLC never made a payment over the 4-year period             
          when it received funds from J&J, nor did J&J make any demand for            
          payment.  Accordingly, it appears that J&J never intended to                
          compel repayment of the advances.                                           
          11.  The Risk Involved in Making The Advances                               
               The absence of security for the advances indicates that the            
          advances were more likely capital contributions.  See In re Lane,           






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