- 10 - consideration of all of the circumstances. See Dixie Dairies Corp. v. Commissioner, supra at 493. All of the interest on petitioners’ advances was accrued, not paid, and, with the exception of the note, there was no fixed maturity date for repayment of the advances. See A. R. Lantz Co. v. United States, 424 F.2d 1330, 1333 (9th Cir. 1970) (concluding that advances were an equity investment in similar circumstances). Further, petitioners agreed to subordinate their interest to those of Republic Bank and Betty Jo Byers, whose debt they had personally guaranteed, see O.H. Kruse Grain & Milling v. Commissioner, 279 F.2d 123, 126 (9th Cir. 1960) (stating that subordination to later incurred debt is an indication of equity rather than debt), affg. T.C. Memo. 1959-110; made many advances when JTFJ had no working capital, see Datamation Servs., Inc. v. Commissioner, T.C. Memo. 1976-252 (stating that a transaction appears to be a contribution to capital where advances are made to provide working capital, and repayment depends solely on the borrower’s success); and participated in JTFJ’s management, see O.H. Kruse Grain & Milling v. Commissioner, supra at 126 (stating that where the taxpayer participates in management, advances are more likely capital contributions than debt). Moreover, petitioners made the advances in exchange for the future receipt of a 50-percent interest in JTFJ’s profits. See Aqualane Shores, Inc. v. Commissioner, 269 F.2d 116, 119 (5th Cir. 1959) (statingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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