- 104 - of $1.257 million during 1997. Cap Corp. also owed approximately $2.5 million on outstanding notes issued to third-party creditors. With respect to the $2.5 million, Cap Corp. was obligated to make interest payments and pay off the note principal during December 1997 or December 1998. See Cuyuna Realty Co. v. Commissioner, 382 F.2d at 302 (noting that although the taxpayer-parent’s later concession that some of its purported loans to its subsidiary were equity might significantly improve the debt-to-equity ratio of its subsidiary, the subsidiary still would lack a sufficient earnings base to carry the remaining outstanding indebtedness). This factor favors respondent. 9. Identity of Interest Advances made by a sole shareholder are more likely to be committed to the risk of the business than are advances made by creditors who are not shareholders. Ga. Pac. Corp. v. Commissioner, 63 T.C. 790, 797 (1975). The sole shareholder is also less likely to be concerned than a third party would be with the safeguards normally used to protect such advances. Id. At all times relevant, Crispin and Koehler were Cap Corp.’s only shareholders. Petitioner itself held no formal stock interest in Cap Corp. However, Crispin was CMA’s 98-percent shareholder and ultimate decision maker.Page: Previous 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Next
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