Hubert Enterprises, Inc. and Subsidiaries, et al. - Page 43

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          the transfers were used by ALSL in a similar sense in that they             
          were retransferred to ALD to use on the Seasons of Sarasota                 
          project.  But for the transfers of the funds from HEI to ALSL,              
          ALSL would not have been able to make most of the transfers to              
          ALD.                                                                        
               This factor is either inapplicable or does not support a               
          finding that the transfers created bona fide debt.                          
                    11.  Presence or Absence of a Sinking Fund                        
               The failure to establish a sinking fund for repayment weighs           
          against a finding of bona fide debt.  See Bayer Corp. v.                    
          Mascotech, Inc. (In re Autostyle Plastics, Inc.), 269 F.3d at               
          753; Roth Steel Tube Co. v. Commissioner, supra at 632; Lane v.             
          United States, 742 F.2d at 1317; Raymond v. United States, supra            
          at 191; Austin Village, Inc. v. United States, supra at 745.                
               ALSL did not establish a sinking fund for repayment of the             
          ALSL note.  While petitioners invite this Court to disregard this           
          factor, asserting that the Court of Appeals for the Sixth Circuit           
          “is out of touch with economic reality” in relying upon this                
          factor, we decline to do so.  As is true with respect to all of             
          these factors, this factor is not controlling in and of itself              
          but is merely one factor that we consider in determining the                
          objectively indicated intent of ALSL and HEI as to the                      
          characterization of the transferred funds.                                  







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