- 13 - corporate creditors; (7) the intent of the parties; (8) “thin” or adequate capitalization; (9) the identity of interest between creditor and shareholder; (10) the source of interest payments; (11) the ability to obtain loans from outside lending institutions; (12) the use of funds by the corporation; and (13) the failure of the corporation to repay on the due date. Am. Offshore, Inc. v. Commissioner, 97 T.C. 579, 602-606 (1991); see also Tex. Farm Bureau v. United States, 725 F.2d 307, 311 (5th Cir. 1984); Calumet Indus., Inc. v. Commissioner, supra at 285; Dixie Dairies Corp. v. Commissioner, supra at 493. The above factors serve only as aids in evaluating whether a taxpayer’s transfers of funds to a closely held corporation should be considered loans or capital investments. Fin Hay Realty Co. v. United States, 398 F.2d 694, 697 (3d Cir. 1968). No single factor is controlling. Moreover, because of the myriad factual circumstances under which debt-equity questions can arise, all of the factors are not relevant to each case. Dixie Dairies v. Commissioner, supra at 493. Our analysis of the factors is set forth below. I. Applying the Factors A. Names Given To the Documents The issuance of a stock certificate indicates a capital contribution; the issuance of a note is indicative of bona fide debt. Montclair, Inc. v. Commissioner, 318 F.2d 38 (5th Cir.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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