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