- 32 -                                         
               c.  Source of the Payments                                             
          If the source of the debtor’s repayment is contingent upon                  
          earnings or is from a restricted source, such as a judgment                 
          recovery, dividends, or profits, an equity investment is                    
          indicated.  Estate of Mixon v. United States, supra at 405;                 
          Calumet Indus., Inc. v. Commissioner, 95 T.C. at 287-288; Dixie             
          Dairies Corp. v. Commissioner, 74 T.C. at 495.  In such a case,             
          the lender acts “‘as a classic capital investor hoping to make a            
          profit, not as a creditor expecting to be repaid regardless of              
          the company’s success or failure.’”  Calumet Indus., Inc. v.                
          Commissioner, supra at 287-288 (quoting In re Larson, 862 F.2d              
          112, 117 (7th Cir. 1988)).  When circumstances make it impossible           
          to estimate when an advance will be repaid because repayment is             
          contingent upon future profits or repayment is subject to a                 
          condition precedent, or where a condition may terminate or                  
          suspend the obligation to repay, an equity investment is                    
          indicated.  Affiliated Research, Inc. v. United States, 173 Ct.             
          Cl. 338, 351 F.2d 646, 648 (1965).                                          
               Petitioner acknowledges that repayment of the advances was             
          dependent upon G�nther’s earnings.  Therefore, the only question            
          is the weight to be given this factor.  We conclude that this               
          factor favors respondent’s position and that it is entitled to              
          considerable weight because G�nther had no available source of              
          repayment other than its earnings and, during the years the                 
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