- 161 - advances made by EPIC were not allowed on the ground that any such interest expenses were not paid or accrued on bona fide indebtedness. Respondent cites Hambuechen v. Commissioner, 43 T.C. 90 (1964), and invites the Court to test whether the advances in this case are valid indebtedness in accordance with the holding of that case. Hambuechen involved an advance of money to a partnership by a limited partner. In that case, we noted that the question whether a transaction created a debtor-creditor relationship for tax purposes is a question of fact. See id. at 98. We applied the same factual analysis used to resolve debt-equity issues in the context of a corporation and its stockholders, and we held that the subject advance constituted a capital contribution, rather than a loan. See Kingbay v. Commissioner, 46 T.C. 147, 154-155 (1966). Petitioners argue that the advances in this case constitute bona fide indebtedness rather than equity. In support of that argument, petitioners review each of the 13 factors that were taken into account by the court in Estate of Mixon v. United States, 464 F.2d 394, 402 (5th Cir. 1972), in determining whether the advances in that case constituted debt or equity. Those factors are the following:Page: Previous 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 Next
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