Hubert Enterprises, Inc. and Subsidiaries, et al. - Page 40

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               This factor is either inapplicable or does not support a               
          finding that the transfers created bona fide debt.                          
                    7.  Presence or Absence of Security                               
               The absence of security for the repayment of transferred               
          funds weighs strongly against a finding of bona fide debt.  See             
          Bayer Corp. v. Mascotech, Inc. (In re Autostyle Plastics, Inc.),            
          supra at 752; Roth Steel Tube Co. v. Commissioner, supra at 632;            
          Lane v. United States, supra at 1317; Raymond v. United States,             
          supra at 191; Austin Village, Inc. v. United States, 432 F.2d               
          741, 745 (6th Cir. 1970).                                                   
               The disputed transfers were unsecured.                                 
               This factor weighs toward a finding that the transfers did             
          not create bona fide debt.                                                  
                    8.  Inability To Obtain Comparable Financing                      
               The question of whether a transferee could have obtained               
          comparable financing from an independent source is relevant in              
          measuring the economic reality of a transfer.  See Roth Steel               
          Tube Co. v. Commissioner, supra at 631; Estate of Mixon v. United           
          States, supra at 410; Nassau Lens Co. v. Commissioner, 308 F.2d             
          39, 47 (2d Cir. 1962), remanding 35 T.C. 268 (1960).  Evidence              
          that a transferee could not at the time of the transfer obtain a            
          comparable loan from an arm’s-length creditor weighs against a              
          finding of bona fide debt.  See Roth Steel Tube Co. v.                      
          Commissioner, supra at 631; Stinnett’s Pontiac Serv., Inc. v.               






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