-42- This factor weighs toward a finding that the transfers did not create bona fide debt. 9. Subordination Subordination of purported debt to the claims of other creditors weighs against a finding of bona fide debt. See Roth Steel Tube Co. v. Commissioner, 800 F.2d at 631-632; Stinnett’s Pontiac Serv., Inc. v. Commissioner, supra at 639; Raymond v. United States, 511 F.2d at 191; Austin Village, Inc. v. United States, supra at 745. ALSL has never had any creditors. Given that the transfers were unsecured, however, their right to repayment would have been subordinate to the interests of any secured creditors. This factor is either inapplicable or does not support a finding that the transfers created bona fide debt. 10. Use of Funds A transfer of funds to meet the transferee’s daily business needs weighs toward a finding of debt. A transfer of funds to purchase capital assets weighs against a finding of bona fide debt. See Roth Steel Tube Co. v. Commissioner, supra at 632; Stinnett’s Pontiac Serv., Inc. v. Commissioner, supra at 640; Raymond v. United States, supra at 191. The transfers were not used to pay ALSL’s daily operating expenses because ALSL had no operating expenses. Although the transfers also were not used to acquire tangible capital assets,Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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