- 9 - creditor relationship. Litton Bus. Sys., Inc. v. Commissioner, 61 T.C. 367, 377 (1973). Of the 10 factors recognized and considered in In re Uneco, supra, by the Court of Appeals for the Eighth Circuit (the Court to which an appeal of this case lies), we discuss and apply below those factors that are relevant to the facts of this case.3 Thin or Adequate Capitalization No specific ratio of debt to equity is determinative as to whether a corporation is adequately capitalized. 2554-58 Creston Corp. v. Commissioner, 40 T.C. 932, 937 n.3 (1963). In spite of petitioner’s initial debt-to-equity ratio of 26:1, prior to startup of petitioner, petitioner’s officers and directors understood petitioner’s business and the plastics manufacturing industry and reasonably projected that petitioner would be successful. As a result of revenues quickly generated by its operations, petitioner’s debt-to-equity ratio was reduced in just over 3 years to 4:1. This reduction indicates to us, in this case, that petitioner was adequately capitalized from its inception. 3 We omit a discussion of whether a sinking fund was established to retire the debenture notes. This factor was not addressed by either party. Our discussion of the risk factor involves a number of the In re Uneco, Inc., 532 F.2d 1204 (8th Cir. 1976), factors.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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