- 17 - 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. InPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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