- 102 - Although the advances were treated as debt on the books, neither Cap Corp. nor petitioner intended, or reasonably could have intended, the advances to be bona fide debt. Petitioner made the advances to keep Cap Corp. from defaulting upon its promissory notes to third-party creditors and to pay Cap Corp.’s operating expenses. During 1995 through most of 1996, petitioner made the advances knowing they were risky. During late 1996 and 1997, petitioner knew that it would not recover most, if any, of the funds advanced to Cap Corp., but it continued to inject funds into Cap Corp. Petitioner knew its repayment prospects with respect to these later advances were highly uncertain. We conclude that neither petitioner nor Cap Corp. genuinely intended the advances to be bona fide debt or reasonably intended the advances to be repaid. See id. at 1333-1334. This factor favors respondent. 8. Thin or Adequate Capitalization The purpose of examining the debt-to-equity ratio in characterizing an advance is to determine whether a corporation is so thinly capitalized that it would be unable to repay an advance. Such an advance would be indicative of venture capital rather than a loan. Bauer v. Commissioner, 748 F.2d at 1369.Page: Previous 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 Next
Last modified: May 25, 2011