Epic Associates 84-III, William C. Griffith, Jr. - Page 78




                                       - 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:                                                               








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