Jean I. Tedford - Page 18

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          regard to the funds transferred to Border.  See Dunnegan v.                 
          Commissioner, T.C. Memo. 2002-119.                                          
               Petitioner and Mr. Tedford never demanded nor did they ever            
          receive repayment of the funds or interest thereupon that they              
          transferred to Border.  By contrast, Border made principal and              
          interest payments to SunWest, an outside creditor.                          
               This factor favors the respondent’s position.                          
               E.  Increase in Management Participation                               
               If an individual makes a monetary transfer to a corporation            
          and as a result receives an increased right to participate in the           
          management of the corporation, such participation tends to                  
          demonstrate that the advance was not a bona fide debt but rather            
          a capital investment.  Am. Offshore, Inc. v. Commissioner, 97               
          T.C. at 603.                                                                
               Neither petitioner, nor Mr. Tedford received an increased              
          role in Border’s management by virtue of the monetary transfers.            
          Any participation in Border’s management by petitioner would have           
          been because of her position as vice president or Mr. Tedford’s             
          complete control of the corporation.  Therefore, this factor                
          favors petitioner’s position.                                               
               F.  Status Equal or Inferior To Other Creditors                        
               Whether a monetary transfer is subordinated to an outside              
          creditor bears on whether a taxpayer was acting as a creditor or            
          an investor.  Estate of Mixon v. United States, supra at 401.  In           





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