- 9 - during the years in issue, an oral agreement existed between petitioner and Mr. Henderson for him to advance funds to the corporation and for the corporation to pay his personal expenses. Accordingly, we hold that there was no oral agreement between petitioner and Mr. Henderson and that petitioner has failed to show that amounts withdrawn from the corporation to pay Mr. Henderson’s personal expenses were pursuant to a “trust” arrangement. Petitioner argues in the alternative that the corporation’s payment of Mr. Henderson’s personal expenses represented repayments of loans made between the two parties. Respondent argues that any funds advanced by Mr. Henderson were contributions to capital and any payment of Mr. Henderson’s personal expenses constitutes the payment of wages to an employee. In resolving the question of whether a payment is debt or equity for Federal tax purposes, each case must be decided on its own facts. Calumet Indus., Inc. v. Commissioner, 95 T.C. 257, 285 (1990). Courts have identified and considered various factors in determining whether a payment is debt or equity. Some of the factors considered are: The names given to the certificates evidencing the indebtedness, presence or absence of a fixed maturity date, source of payments, right to enforce payments,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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