Cerand & Company, Inc. - Page 6




                                        - 6 -                                         
          was advanced and $57,650 was repaid.  The three sister                      
          corporations failed to file corporate Federal income tax returns            
          for the years under consideration.                                          
                                       OPINION                                        
               To decide whether advances constitute debt or equity, we are           
          to make a factual inquiry into whether a taxpayer has shown a               
          bona fide debtor-creditor relationship.  Calumet Indus., Inc. v.            
          Commissioner, 95 T.C. 257 (1990); Segel v. Commissioner, 89 T.C.            
          816, 827 (1987).  Although bona fide debt may exist between                 
          related parties, such transactions between related parties are to           
          be subjected to particular scrutiny.  In re Uneco, Inc., 532 F.2d           
          1204, 1207 (8th Cir. 1976).  The determination of whether                   
          advances to a corporation have created bona fide indebtedness               
          depends on whether there is an intention to create an                       
          unconditional obligation to repay the advances.  See Raymond v.             
          United States, 511 F.2d 185, 190 (6th Cir. 1975).                           
               In Cerand I, we identified 13 factors used by courts to                
          assist them in deciding whether particular advances constituted             
          debt or equity.  We noted that the factors are not equally                  
          significant and that no factor is determinative or relevant in              
          each case.  John Kelly Co. v. Commissioner, 326 U.S. 521, 530               
          (1946); Estate of Mixon v. United States, 464 F.2d 394, 402 (5th            
          Cir. 1972).  Finally, we recognized that the factors used are               
          only aids in our analysis of whether the advances (1) constitute            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011